REGULAR MEETING
August 21, 2017
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 21, 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
Absent: 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: Lakewood Busti Police Chief John Bentley, Highway Superintendent Melvin Peterson, Attorney Joel Seachrist, Code Enforcement Officer Jeff Swanson, Mary Griffin, and Jack Knowlton.
Supervisor Robbins thanked Mary Griffin for organizing the concerts at the Gazebo in the Hamlet of Busti this year.
Town Clerk Darlene Nygren reported she has received three proposals to replace the postage machine that will no longer be supported after December 31st.
| Pitney | Hagan | Lineage | |||||
| Lease/mth | $333.17 | $227.90 | $207.13 | ||||
| term | 60 | 63 | 60 | ||||
| Total Lease | $19,990.20 | $14,357.70 | $12,427.80 | ||||
| Purchase | $8,442.40 | $5,715.00 | $4,737.75 | ||||
| Meter/mth | $57 | $75 | $35 | ||||
| Maintenance | $733.95 | $744.00 | $684.00 | ||||
| Not aware | Meter and | Meter and | |||||
| of Meter and | Maintenance | Maintenance | |||||
| Maintenance | 3 Year Price Lock | 2 Year Price Lock | |||||
| Price Lock or | Meter + 8% x 2yrs | Meter + 10% x 3yrs | |||||
| Increase | Maintenance + 10% | Maintenance + 7% | |||||
| x 2yrs | x 3yrs | ||||||
The board would like Clerk Nygren to request information regarding the warranty on the proposed machines and what it would cost to add a maintenance agreement after the warranty expired, as well as to contact the USPS to see if they have any other options available.
Chief John Bentley reported the department has had 6,388 incidents ytd and 318 incidents since the last board meeting. Chief Bentley noted the department backed up Jamestown Police Department on an incident. The LBPD Canine Unit located a gun is a recent incident, the unit is trained to locate explosives and for search & rescue.
Highway Superintendent Melvin Peterson reported the department has been paving the past two weeks: 1 ½ miles in the town, and assisting both the Town of Kiantone and Town of Harmony; and the new truck will be ready this week. Superintendent Peterson noted Josh Pilling worked on paving in the absence of Randy Milks and did a great job. Knowing that several of the current department employees intend to retire in the next two years, Superintendent Peterson is recommending the town hire Josh Pilling and splitting his pay equally between parks, roads, and snow removal. Discussion followed. No action was taken. Superintendent Peterson noted the department should be starting the Creek Road pipe project next week, the road will be closed while the project is being completed. He has received inquiries of why the roads are not lined, the county (who does the painting) is behind on their own work. The town is limited to lining the following roads due to the cost: S. Main Street, Garfield Road, and Shadyside from the Village to Cowing Road.
Code Enforcement Officer reported he is registered to attend the “Enforcing the Code” seminar at JCC on September 27th. He would like to have at least one board member attend as well.
Supervisor Robbins noted it was 7:00 p.m. and time the open a public hearing pursuant to Section 405-19(B) of the Town of Busti Zoning Code for 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. Motion was duly moved by Councilman Lawton.
Upon roll call vote, all aye.
Proof of publication was placed on file.
There was no public comment on the application
Supervisor Robbins moved to close the public hearing at 7:05 p.m. which was duly seconded by Councilman Lawton:
Upon roll call vote, all aye.
Attorney Joel Seachrist noted the application had been submitted to Chautauqua County Planning and Economic Development for their review. To date the town has not received a response, therefore the board is not able to vote on the application until the September 18th Town Board meeting.
Supervisor Robbins noted the public hearing that was scheduled for 7:15 p.m. was not published or announced. The last special use permit for Joe Casel’s storage buildings did not have an expiration date.
Discussion followed regarding Code Enforcement matters (i.e. – Lawson Road fire, fee schedule, and the number of unlicensed/insured vehicles on a property). No official action was made.
Jack Knowlton noted the Lakewood Fire Department has had 532 incidents ytd; the memorial is close to being done; and the new ball field has been used all summer.
Supervisor Robbins noted the annual Asbestos License for Town of Busti is due September 30th at a cost of $300. There are several more businesses that are doing asbestos surveys in the area and it has affected the number of surveys being done by the town. Code Enforcement Officer Swanson recommended that the town no longer offer the asbestos survey service after September 30th. Town Clerk Nygren noted she had contacted Slone-Melhuish Insurance and was told the town is able to cancel the special insurance for the service without penalty.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti not renew the Asbestos License and submit a request to cancel the insurance covering the asbestos surveys as of October 1, 2017.
Upon roll call vote, all aye, carried.
Town Clerk Nygren noted as part of the 2017-2018 State Budget, the Legislature enacted legislation that authorizes the partial payment of real property taxes. This is an “opt in” legislation. Chautauqua County Department of Taxation and Finance recently held a meeting for all tax collectors to discuss the new legislation. The county’s tax system is currently not programmed to accept partial payments from municipalities and/or schools that use an outside tax collection system and the collectors were told it would be very costly to convert the system. The county, itself, does accept partial payments once the local tax collection has stopped and the billing is turned over to them. There is a $3 fee to make such a payment. The Department of Taxation has presented a proposal of $72,000 to County Legislature, if approved the funds would be used to update the county tax system to accept partial payments from all tax collectors no matter what vendor is used for their tax collection system. Clerk Nygren is recommending that the town not “opt in” for the 2018 tax collection year and allow the county time to upgrade their system. She did note the town does offer property owners the option of paying their taxes with a credit card.
Supervisor Robbins moved the Town of Busti not “opt in” to accept the partial payment of real property tax, motion was seconded by Councilman Mueller.
All aye, carried.
Supervisor Robbins noted that he has been contacted by a few businesses inquiring about renting the unused area at 125 Chautauqua Avenue which would change the taxable status on the whole building. Discussion followed – regarding renovation costs, a need for a cost analysis, and code requirements.
Supervisor Robbins will contact the businesses and see what they are prepared to pay for rent and renovations.
Supervisor Robbins moved the board enter Executive Session at 7:39 p.m. to discuss potential litigation, motion was seconded by Councilman Lawton.
All aye, carried.
Supervisor Robbins moved to reenter the regular business meeting at 7:55 p.m., motion was seconded by Councilman Andrews.
All aye, carried.
Supervisor Robbins noted the Lawson Park driveway and tennis court are both in need of repair, as well as the front parking lot at 125 Chautauqua Avenue. Discussion followed. Supervisor Robbins will contact Highway Superintendent Peterson for a cost estimate to repair both locations.
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. 12 from warrant #504 to and including warrant #523 in the amount of $69,723.68.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the August 7, 2017 Town Board minutes as presented, motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Andrews reported he attended the Kickoff meeting for the Lakewood-Busti Stormwater Management Engineering Study. Barton & Loguidice Engineering should be starting the study within the next week. The company is seeking funding to complete the proposed project.
Councilman Mueller reported the libraries are moving forward with the proposed “259 Funding Option”.
Councilman Lawton reported the Health Insurance Committee looking at 2018 Health Insurance options for town employees. The committee should have more information to report at the September 18th Town Board meeting.
Supervisor Robbins motioned to adjourn the meeting at 8:10 p.m., which was duly moved by Councilman Lawton.
All in favor, carried.
Respectfully Submitted,
____________________________________ Darlene H. Nygren, Town Clerk