REGULAR MEETING
August 7, 2017
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 7, 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: Lakewood Busti Police Chief John Bentley, Highway Superintendent Melvin Peterson, Attorney Joel Seachrist, David E. Anthony, Katie Smith – Hazeltine Library Director, Mary Miller – Lakewood Library Director, Mary McCague – Lakewood Library Trustee Board President, Karen Dennerlein – Lakewood Library Trustee, John Straight -Straight Fermentations, and Pat Fincher – Hazeltine Library Trustee Board President.
Dave Anthony questioned if the Town of Busti Zoning Code permitted a motor home to be parked at a vacant lot in the Cottage Park area; with an extension cord extended across several lots from a private residence to the motor home. Supervisor Robbins stated that he will pass the information on to the Code Enforcement Officer and have him investigate the situation.
John Straight introduced himself as the owner of “Straight Fermentations”, which recently opened on Chautauqua Avenue. The business sell ingredients for a variety of beverages and its Grand Opening is August 18th and 19th. Mr. Straight extended an invitation to the board and the public to attend the event.
Town Clerk Darlene Nygren reported the town office postage machine will not be supported by Pitney Bowes after December 31st, she has requested proposals for a replacement machine from Pitney Bowes and two other companies. Town Clerk Nygren stated Windstream has extended when the dedicated line would be installed to late September, the reason for the delay is additional equipment needs installed on the back end in order to complete the 10 mg EIA. She also reported she and Highway Superintendent met with Donna Thompson, Integrated Benefit Solutions, for an initial meeting regarding healthcare insurance. Ms. Thompson had contacted the town and would like to submit a proposal for 2018 Healthcare Insurance for Town of Busti employees. A meeting for the whole “insurance committee” will be scheduled for September 2017 when the first quarters rates are available.
Lakewood Busti Police Chief John Bentley presented Supervisor Robbins an Analysis Report from the last board meeting through tonight. Chief Bentley reported 568 incidents since the last town board meeting and 6,090 ytd. He also reported a part-time officer has resigned and will be looking for a replacement. One officer attended a Public Information Officer Seminar. Chief Bentley recommended the Town Board appoint Mark Conklin as the court officer, Mark is a recent graduate of the Sheriff’s Academy.
Highway Superintendent Melvin Peterson reported the department has been cleaning up trees from the storm over the weekend and will be blacktopping tomorrow. Superintendent Peterson noted Chautauqua County Emergency Medical Services (EMS) will have a “Fly Car” stationed in the Town of Busti area and would like to purchase gas from the town at the highway building, they would be responsible to obtain the required credit card “swiper”.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, Chautauqua County Emergency Medical Services (EMS) be authorized to purchase gasoline from the Town of Busti at the Highway Building location.
Upon roll call vote, all aye, carried.
Superintendent Peterson noted the Highway Department paved Shadyside Road and assisted with Oil and Stone in the Town of Harmony. The Highway Department has joined with Harmony, Kiantone, and Lakewood in a Stone Surfacing program. The program is with Midland Oil who matched the county bid. The machine will spread the stone uniformly and does not require a person to ride on back of the truck. The cost to use the machine is $2400 per day. The department has worked in Harmony and blacktopped in the Village of Lakewood. The department has oil and stoned 5.6 miles of road in the Town of Busti and assisted with oil and stone in the Village of Lakewood and the Town of Stockton. Superintendent Peterson went to Watertown last Wednesday to discuss the new truck, in cab arrangements. The department will be paving Pine Ridge Road again tomorrow, August 8th. It was recommended to put another coat on due the poor condition of the road. Superintendent Peterson noted there are a few trees that need removed, normally that work is done in the spring. There was discussion regarding the trees along the rear of 125 Chautauqua Avenue. The property owner of the adjoining property had contacted his attorney, who in turn contacted Attorney Joel Seachrist regarding writing an agreement for the tree removal. The Highway Department is still planning on replacing the roof on the Cold Storage building in the fall. Superintendent Peterson noted the department is hoping to start the Creek Road pipe project by the end of August.
Supervisor Robbins reported he spoke with Sally Carlson, Town of North Harmony Town Supervisor, regarding the Ashville business listing sign on the corner of Routes 394 and North Maple Road. The Town of North Harmony received permission from the property owner and the Ashville business owners designed the sign and split the cost amongst themselves. There was discussion regarding the proposed sign and the right of way, which should be 100 feet from the center of the road. Town Clerk Nygren read a letter from Neil Boardman, property owner of the corner of Routes 394 and 474, stating he spoke with Debra Thayer regarding the construction of a directional sign at the corner of his lot. Mr. Boardman has no problem with the construction of said sign to improve the appearance of the site. Supervisor Robbins will contact Don McCord to confirm if a special use permit would be required prior to constructing the sign.
Supervisor Robbins move the following resolution which was duly moved by Councilman Mueller:
RESOLVED, Mark Conklin be hired as Court Officer effective August 1, 2017 at a pay rate of $17 per hour.
Upon roll call vote, all aye, carried.
David Anthony, Lakewood American Legion representative, informed the board the legion will be sponsoring its first annual Poker Run on Saturday, August 26th. Registration starts at 11am at Century 21, 4 E. Fairmount Avenue and the ride starts at 2:15pm. The run will include riding on some Town of Busti roads. The legion has contacted LBPD and asked for their assistance as bikes enter Fairmount Avenue. Mr. Anthony distributed a brochure and a copy of the route to the board.
Supervisor Robbins motioned to authorize Busti Church of God to place a sign in the Triangle n the Hamlet advertising the upcoming VBS. The sign would be up from August 8th – August 17th. Motion was seconded by Councilman Hanson.
All aye, carried.
Supervisor Robbins motioned to authorize JCC Soccer to use the Loomis Bay Field the months of September and October from 5-7pm. JCC has submitted a certificate of liability insurance to the town.
Motion was seconded by Councilman Andrews.
All aye, carried.
Supervisor Robbins motioned that he be authorized to sign a Multi-Municipality letter to the Gebbie Foundation regarding the City of Jamestown seeking annexation of property owned by Board of Public Utilities in other municipalities. Motion was seconded by Councilman Hanson.
All aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, Code Enforcement Officer Jeffrey Swanson be authorized to attend Southern Tier West’s Seminar “Enforcing the Code” at Jamestown Community College on September 27th at a cost of $20.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted a resident of Fifth Avenue, Cottage Park, contacted him to inquire about purchasing a 50 foot “right of way” adjacent to his property, which is owned by the Town of Busti. Highway Superintendent Peterson was not in favor of selling any town right of way. He did state there was other town owned properties that could be sold. Councilman Hanson suggested the town board review all town owned property and determine if any should be advertised as for sale.
Supervisor Robbins noted the Office of State Comptroller will hold a seminar for Local Officials on September 27th in Orchard Park. The seminar will focus on the Budget Process, Financial Reports, and Financial Condition Analysis. He plans to attend the seminar and invited any board member that is able to also attend.
Councilman Hanson moved the following resolution, which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti renew the Chautauqua Lake and Watershed Management Alliance annual membership 2017-2018 in the amount of $2,000 which is due on or before December 1, 2017.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the Lakewood-Busti Stormwater Management Engineering Study Kickoff will be held August 17th at the Village of Lakewood from 2:30pm to 4:30pm, all board members are invited to attend.
Councilman Mueller reported he and Village of Lakewood Trustee, Sue Drago met with the library boards from the Hazeltine and Lakewood libraries. He presented a 2016 Public Library Facts (Lakewood and Hazeltine) to board members, as well as a “259 Funding Option” fact sheet. Discussion followed. The representatives from both libraries present stated they are seeking a recommendation, by year end, from the Town Board for the libraries to pursue the “259 Funding Option”. The libraries are applying for a grant to cover any attorney fees dealing with pursuing the “259 Funding Option”.
Town Clerk Nygren reported the Dog Enumerator has not submitted any record of conducting a dog census this summer. Therefore, the town will not be conducting a dog enumeration at this time. Town Clerk Nygren will contact Joyce Roof and inform her the town will no longer need her service of Dog Enumerator.
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. 11 from warrant #446 to and including warrant #503 in the amount of $457,023.66.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the July 17, 2017 Town Board minutes as presented, motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Andrews reported he will be attending the Lakewood-Busti Stormwater Management Engineering Study Kickoff on August 17th.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, that a public hearing be scheduled on August 21, 2017 at 7:00 p.m. on the application of Jeffrey A. Ellis, 652 Busti-Sugar Grove Road, Jamestown, New York, for a Special Use Permit to use an existing building for auto service, repair, and body shop. The property is owned by David R. Ellis and James A. Ellis and known as Section 437.00 Block 1 Lot 4 of the official tax map of the Town of Busti. The property is in the Highway-Commercial District.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, that a public hearing be scheduled on August 21, 2017 at 7:15 p.m. on the application of Joseph Casel, 1422 Forest Avenue Extension, Jamestown, New York to renew a Special Use Permit to have self-storage units on his property. The Property is owned by him and known as Section 421.00 Block 1 Lots 1, 2, 3, 16 of the official tax map of the Town of Busti.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the board enter executive session at 7:46 p.m. to discuss a proposed litigation. Motion was seconded by Councilman Hanson.
Supervisor Robbins moved to close the executive session at 8:30 p.m. and close the regular meeting. Motion was seconded by Councilman Hanson.
All aye, carried.
Respectfully Submitted,
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Darlene H. Nygren, Town Clerk