REGULAR MEETING
April 3, 2017
A regular meeting of the Town Board of the Town of Busti was held on Monday, April 3, 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, Attorney Joel Seachrist, Code Enforcement Officer Jeff Swanson, Jack Knowlton, Bob & Judy Schultz, Mick Johnson, and Wyatt Johnson.
Town Clerk Darlene Nygren reported today was the last day to collect County Town taxes at her office, a total of $6,019,882.13 has been collected to date. The Clerk’s office will continue to process mail payments through the week and all unpaid bills along with final reports are due to the county no later than April 14th. Town Clerk Nygren noted she attended the LUCA and American Fact Finder workshop on March 23rd. The US Census will be sending an invitation letter and registration form in July 2017 to participate in the Local Update of Census Addresses, which will be passed on to the town assessor. Town Clerk Nygren met with a Windstream rep regarding issues with internet connectivity, which randomly will disconnect. Ms. Snow recommended the town purchase a dedicated line service that has a guarantee of connectivity and speed (with 24×7 tech support), which would eliminate the breaks in internet service because the town would not be sharing that line with any other business or resident. Clerk Nygren noted that her office, the Assessor Clerk, and the Court Office all use live files with the county and state, when the internet coverage goes out the offices are not able to access the live sites. The monthly cost of the dedicated internet is $230 compared to the current $80. Councilman Hanson requested that Clerk Nygren contact Spectrum and DFT to compare services and pricing and report back at the next meeting. Town Clerk Nygren noted Babe Ruth Softball will be using the fields at Lawson Park April through June; the Chautauqua County Municipal Clerks Assoc meeting was cancelled due to the fire in Falconer and the clerks donated their lunches to the fire fighters fighting the fire; and Pity Bowes has informed her office that the meter on the mail machine will no longer be supported after December 2017, Clerk Nygren stated that a new machine and meter will have to be considered when preparing the 2018 budget.
Police Chief John Bentley reported 421 incidents since the last meeting, 2,616 incidents YTD.
Highway Superintendent Melvin Peterson reported the department is back to day shift only; working on patching pot holes and repairing any plow damage from the winter. The Village of Lakewood DPW has been assisting with brooming roads. Superintendent Peterson met with JMI and was told blacktop prices are staying the same at $71 per ton. The new track hoe is on the road and he would like to declare the old track hoe as surplus and advertise it for sale.
Supervisor Robbins moved the following motion which was duly moved by Councilman Hanson:
RESOLVED, to declare the 2003 track hoe as surplus and authorize Highway Superintendent to advertise it for sale.
Upon roll call vote, all aye.
Highway Superintendent Peterson noted he would like to hire someone for summer help for the Park Department. He recommends hiring Josh Pilling for the position, with the thought of possibly keeping him on as a highway employee if things work out through the summer. Josh has worked for the state through the winter and for Tabone Paving in the summer, giving him experience of plowing and paving. Superintendent Peterson noted the department never replaced his position when he became Superintendent and has been working short for all those years and several of the highway employees will be eligible for retirement in the next couple years. He stated the department needs to be prepared for the turnover over employees and hiring someone now would help with the transition.
Councilman Lawton moved to hire Josh Pilling for the summer with the consideration of hiring him permanently in the fall which was duly moved by Councilman Mueller.
Discussion followed. Supervisor Robbins would like to enter Executive Session before adjourning this meeting to discuss this Personnel Matter further. Councilman Lawton withdrew the motion.
Councilman Hanson thanked Superintendent Peterson and the Highway Department for removing the compressor house at the rear of 125 Chautauqua Avenue and for the temporary fix to the parking lot.
Code Enforcement Officer reported he attended annual training in Rochester. He noted the Department of State had reported a need for additional volunteer in the New York State Code Enforcement Disaster Assistance Response (CEDAR) program. These volunteers are available to conduct rapid evaluations on buildings damaged as a result of a disaster. The CEDAR volunteers are provided with workman’s compensation and indemnified by New York State while deployed. A six hour training is required to become eligible to volunteer. Currently there are no volunteers from Chautauqua County and one from Cattaraugus County.
Supervisor Robbins moved to authorize CEO Swanson to submit a CEDAR volunteer application, motion duly moved by Councilman Andrews.
All in favor, carried.
CEO Swanson noted that he and Town of Ellicott CEO David Rowe have worked with the state to organize training for CEOs, contractors, and design professionals with the new state residential energy codes. The training is scheduled for April 26th at the Lakewood Rod and Gun with no cost to the participants or municipalities. There will be a morning session and afternoon session to accommodate as many participates as possible.
Jack Knowlton, Lakewood Fire Department President, reported 191 incidents year to date, continuing the average of 2 per day. The new ball field is moving forward and the fencing will be installed as soon as the ground is ready.
Supervisor Robbins noted only one bid was submitted for the purchase and installation of turnkey solar electric arrays for the Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York and the Town Highway Garage, 3646 Lawson Road. The bid was from Solar Liberty Energy Systems, Inc. with two options: Option 1 was pricing excluding additional electrical upgrades with a net cost of $107,136.00 and Option 2 was pricing including electrical upgrades included by Ahlstrom Schaeffer with a net cost of $124,967.20. Councilman Hanson noted the system pricing includes prevailing wage, monitoring and standard 5 year workmanship warranty and 25 year warranty on the systems. A ground unit will be installed at the Highway Garage and a roof unit at the Administration Office.
Councilman Todd Hanson moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti accept the Solar Liberty Energy Systems, Inc bid with Option 1 in the amount of net cost $107, 136.00 contingent upon NYSERDA grant approval.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti proceed with National Grid LED streetlight conversion as presented at the March 3, 2017 Town Board meeting with the cost of $11,600 to the town, contingent upon NYSERDA grant approval.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the Town of Busti Town Board hold a joint meeting with the Village of Lakewood Board of Trustees on Wednesday, April 26, 2017 at 6:30 p.m., the meeting will be held at 125 Chautauqua Avenue in the Courtroom/Boardroom, the public is welcome to attend however no public comment will be entertained, motion was duly moved by Councilman Mueller.
All in favor, carried.
Mick Johnson along with Bob and Judy Schultz presented a plan for Mr. Johnson to lease the Farm Market Shop located on Southwestern Drive and owned by the Schultz’s. Mr. Johnson would like to open an Antique Shop for in-house sales as well internet sales. The property is located in the Conservation Agricultural District and the proposed business is not a permitted use for the district. Mr. Johnson and the Shultz’s requested the town board consider making the business an allowed use by a Special Use Permit.
Councilman Hanson moved to set a public hearing on the 17th day of April, 2017, at 7:00 p.m. regarding the adoption of 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 seconded by Supervisor Robbins.
The proposed local law would permit limited retail businesses in the CA District, which are defined as “[a] completely enclosed building which contains not exceeding 1,250 square feet in gross floor devoted to the sale of goods or articles to be sold directly to the consumer in small quantities, including, but not limited to such businesses as a farmer’s market, antique shop, craft shop, artisan’s shop, and other like uses. No limited retail businesses shall employ more than 5 people, including the owner, at any one time.” An applicant must obtain a special use permit from the Zoning Board of Appeals for such use.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, Douglas Goodwin be appointed Court Officer at the pay rate of $15.76 per hour.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, to execute inter-fund transfers from the General Fund (A) to the Bentley Cemetery (TE1) in the amount of $5,265.93: from the General Fund (A) to the Wellman Cemetery Fund (TE3) in the amount of $5,937.32. By definition, inter-fund transfers are transfers intended to subsidize the receiving funds and will not be repaid.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the 2016-17 transfer stickers expire June 30th and asked the board for their opinion of leaving the annual cost at $90. Discussion followed.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Lawton:
RESOLVED, that the fee for the transfer station sticker will be kept at the same rate as last year – $90 with additional sticker or lost sticker at $25 – for the year starting July 1, 2017 through June 30, 2018. Residents from nearby towns located in Chautauqua County will now be eligible to purchase a transfer sticker at the same rate.
Upon roll call vote, all aye.
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. 4 from warrant #132 to and including warrant #187 in the amount of $108,804.82.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the March 6, 2017 town board meeting minutes which was duly moved by Councilman Mueller.
All on favor, carried.
Councilman Hanson reported the Loomis Park concession project is moving forward, they are preparing to pour the foundation.
Councilman Lawton reported that he looked at the Appalachian Grant information and the track around Loomis Park would not be a project that would fit in the grant project criteria.
Supervisor Robbins moved to enter executive session on a personnel issue at 8:14 p.m., which was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved to close the executive session at 8:34 p.m. which was duly moved by Councilman Mueller.
Councilman Hanson moved to reenter the regular meeting at 8:34 p.m., which was duly moved by Supervisor Robbins.
All in favor, carried.
Discussion followed regarding the Park’s Department summer help position and the pay rate.
Councilman Hanson moved the following resolution which was duly seconded by Councilman Mueller:
RESOLVED, the board accept Highway Superintendent Peterson’s recommendation and hire Josh Pilling for the Park’s Department part-time summer help position at a rate of $15 per hour. The laborer rate of pay was increased from $12 per hour due the fact that Mr. Pilling has his CDL license and his work experience.
Councilman Hanson motioned to adjourn the regular board meeting at 8:50 p.m., which was duly moved by Councilman Lawton.
All in favor, carried.
Respectfully Submitted,
____________________________________ Darlene H. Nygren, Town Clerk