REGULAR MEETING
September 18, 2017
A regular meeting of the Town Board of the Town of Busti was held on Monday, September 18, 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, Busti Lakewood Police Chief John Bentley, Code Enforcement Officer Jeff Swanson, Attorney Joel Seachrist, Mary Griffin, Village of Lakewood Mayor Cara Birrittieri, Eric Anderson, and Jason Genberg.
Town Clerk Darlene Nygren reported she and Deputy Town Clerk Susan Huffman attended a NYS Archives’ webinar – “Your Role as Local Government Records Management Officer” and she attended the NYSTCA Regional meeting, with the speaker from NYS Gaming Commission. Clerk Nygren has met with the Insurance Committee and insurance brokers to discuss 2015 Employee Health Insurance.
Chief John Bentley reported the department has had 7,075 incidents ytd and 688 incidents since the last board meeting.
Highway Superintendent Melvin Peterson reported the department is working on Creek Road replacing the pipe. The job should be completed in the next two weeks. The new truck has been delivered. Superintendent Peterson noted the Village of Lakewood would like to purchase the 2001 International Ten-Wheeler truck, discussion followed. Superintendent Peterson will obtain an appraisal to set the true value of the truck. Superintendent Peterson reminded the board that the 2017 Budget had funds budgeted in Parks Department to purchase the Superintendent’s truck and in the Highway Superintendent budget to purchase a new truck. The City of Jamestown is currently seeking bids for similar trucks and Superintendent Peterson asked the board to approve the transfer of his town truck to the Parks Department, to allow him to “piggy back” on the City of Jamestown bid to purchase a new truck. Superintendent Peterson noted that the Parks Department seasonal need for a part-time employee. Discussion followed and the matter was tabled. Superintendent Peterson stated the Parks Department no longer had need for the Seasonal Part-time employee, Joshua Pilling. He would like to hire Mr. Pilling as a permanent full-time Motor Equipment Operation, noting Mr. Pilling has three other job offers at the time and the town was at risk of losing the opportunity to hire him. Discussion followed and will be discussed later in Executive Session.
Code Enforcement Officer Jeffrey Swanson reported a home on Lakeside Drive was declared a total loss as a result of a recent fire. CEO Swanson stated the local Fire Department’s quick response protected neighboring properties from having extensive damage. CEO Swanson noted Chautauqua County Landbank will soon be demolishing the 1st Street property they obtained through the county’s Real Property Tax Department.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton;
RESOLVED, that the Town Board of the Town of Busti hereby authorizes the attorney for the Town to take such action against Lee Fischer and Sharon Fischer as may be deemed advisable to prevent any continuation of their violations of the zoning code and building code at their several properties in the Cottage Park area, including an action in the Supreme Court of Chautauqua County.
Supervisor Robbins noted Chautauqua County Department of Planning and Economic Development had responded on the Special Use Permit application of Jeffrey A. Ellis and stated the proposal would be a matter of local concern.
TOWN OF BUSTI
SPECIAL USE PERMIT
Action of the Board:
The Town Board of the Town of Busti approved the following Special Use Permit 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.
Resolution moved by: Supervisor Robbins
Seconded by: Councilman Andrews
WHEREAS, Jeffrey A. Ellis (hereinafter, the “Applicant”) has requested the renewal of a Special Use Permit
authorizing him to continue to operate an automobile service and repair shop and body shop located at the said address, and
WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been addressed,
and a Negative Declaration has been issued after examination of the record and a public hearing, and
WHEREAS, the Town Board has considered all the facts and papers before it, and has heard those wishing to be
heard at a public hearing held August 21, 2017 and finds justification to approve the application subject to the
qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application for the Special Use Permit to permit the
continued operation of an automobile repair and service shop and body shop at 652 Forest Avenue (the “Use”), be
and hereby is authorized and approved subject to the conditions and requirements hereinafter set out:
1. The Applicant shall undertake the Use in accordance with prior applications submitted to the Town, except as
hereinafter modified, and agrees to be bound by the terms of the application and the conditions of this permit and any
Special Use Permit issued heretofore in relation to the same property, including as follows:
(a) Any signs to be used at the premises shall be limited to the size of the current signs with no flashing lights; and
(b) No more than ten vehicles shall be parked outside the building at any time, excluding those being used
employees of the business.
2. The terms, conditions, and requirements of this permit bind and obligate the Applicant, his successors, and
assigns. This permit shall not be assigned or transferred, in whole or in part, without the prior written consent of the
Town, except as otherwise herein noted.
3. Any failure or omission on the part of the Applicant to carry out any condition or requirement herein or in
accordance with the terms or requirements of any statute, local law, ordinance or regulation, may be deemed a violation of the Town of Busti Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the Applicant, may subject them to the penalties therein. Continued violations after written notice may result in revocation of this Special Use Permit.
5. THIS SPECIAL USE PERMIT SHALL BECOME EFFECTIVE AFTER THE APPLICANT
APPROVES EACH AND EVERY PROVISION HEREOF AND AGREES TO BE BOUND BY ALL OF
THE TERMS HEREIN CONTAINED IN CONSIDERATION OF THE GRANTING OF THIS SPECIAL
USE PERMIT.
Dated: September 18, 2017
Vote:
Supervisor Robbins – aye
Councilman Andrews – aye
Councilman Mueller – aye
Councilman Hanson – aye
Councilman Lawton – aye
* * * * * *
The Applicant, Jeffrey A. Ellis, agrees to abide by all the terms of this Special Use Permit.
Dated: September 20, 2017
_______________________________________
Town Clerk Nygren noted she spoke with Chautauqua Region Community Foundation regarding the $7,500 grant towards the Concession Stand project at Loomis Park and explained that project has not been completed and requested an extension for the final report. Clerk Nygren stated the town has purchased $4,400 in material and will be purchasing a pump station from Jamestown BPU at a cost of $5,800. She will notify the foundation when the pump station has been purchased and installed.
Supervisor Robbins inquired about the plans to repair the Lawson Park tennis court and driveway, and the 125 Chautauqua Avenue parking lot. Superintendent Peterson stated he would like to see the tennis court relocated to a higher location due to the numerous flooding in the current location. He will have a cost estimate, to relocate the court, available at the next board meeting. The Highway Department will repair the driveway with millings, however, there is no guarantee on how long the repair will last due to the amount of run off. Superintendent Peterson reported he had a cost estimate of $12,500 to repair the parking lot at 125 Chautauqua Avenue. He requested the board encumber the funds and schedule the repaving for next spring.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, $12,500 be encumbered from the General Account (A) to be used to repave the parking lot at 125 Chautauqua Avenue in the 2018 Spring.
Upon roll call vote, all aye, carried.
Councilman Hanson moved to permit Royal Family Kids Camp to use a 13’x15’ area to store their camp supplies at no cost, motion was duly moved by Councilman Andrews.
All in favor, carried.
The postage machine/meter was tabled to next meeting.
Supervisor Robbins stated a Garfield Road resident has requested that a “Deer Crossing” sign be placed on Garfield Road between Orr Street and Family Life Church. Superintendent Peterson noted there are no “Deer Crossing” signs in the Town of Busti and is not in favor of putting one there.
Eric Anderson and Jason Genberg presented their proposal for a Agri-tourism Venue as follows:
Usage of land corner of Baker St and Trask Rd
Objective:
To get the Town of Busti approval of our plans for an Agri-tourism Venue. Located on listed property for sale on Baker St. and Trask Rd. We are prepared to make an offer on said property, provided that we can have tentative approval for the property usage.
Mission:
As parents ourselves we drive hours away, out of marl<et, to take our family to enjoy fall festivities. The mission is to provide a venue for a safe, affordable, and an educational family experience focused on agricultural efforts encouraging farm to table lifestyles. Agri-tourism is a big industry where patrons enjoy hands on experiences such as walking through a cornfield, picking your own pumpkin, or even feeding a farm animal. With much planning and experience, we believe we can execute this opportunity for our community in an effective and enjoyable manner. Demographics show that Chautauqua County and the Town of Busti have the capacity for this missing type of venue. There are no other agri-tourism venues in
Chautauqua County for fall festivities, We feel it will be mutually beneficial for both the county and its residents.
Operations:
-We plan to operate 6 weekends a year, from mid-September through Oct. 31st . We will be closed on the day of Busti Applefest, as so not to compete with the Applefest. We plan on being open from roughly 10 am until dusk on the specified weekends.
We will have plenty of parking available as to not create any road hazards.
All the attractions will be taken down and stored in the permanent structures after the season has ended, only leaving the permanent structures visible from the road.
We will comply with all Chautauqua County Health Department Regulations, as well as carry adequate insurance for the operation.
We will ensure adequate staffing is in place which will create seasonal employment opportunities.
Contact information;
Eric Anderson 716-708-2060
Jason Genberg 716-640-8956
Pumpkin Agri-tourism Venue
List of Buildings/Attractions on Premises
1. Pole Barn with Concrete Floor used as Concessions: hotdogs/hamburgers/ fries etc.
2. Admission Shed
3. Shed to purchase pumpkins/produce
4. Parking area at front of land
5. Shed with electronic Halloween items to view
6. Corn maze
7. Kids size corn maze
8. Toy milk cow
9. Cow train pulled by farm tractor
10. Duck race
11. Sand box area with toy dig it buckets
12, Corn Pit
13. Pumpkin Bowling
14. Inflatable kids jumping area
15. Pedal Karts
16. Inflatable Hoppy Ball Riding Area
17. Ring toss game
18. Slides
19. Petting Zoo
20. Playground Train with slides
21. Stage built out of wood
22. Various Fall Themed decorations
23. Hay Ride on property — Hay wagon pulled by farm tractor
Operating Weekends from mid-September to November 1st.
All concessions will meet the standards of and be permitted by Chautauqua County Health Department.
Attorney Joel Seachrist stated the town has two options of how to proceed with the proposal:
1. Refer the proposal to the Zoning Board of Appeals for their interpretation
2. Amend the Zoning Code with a Local Law that would allow the use in the CA and/or CR Districts by obtaining a Special Use Permit.
Discussion followed. Attorney Seachrist will prepare the Local Law and present it to the board for their review. If the board is in favor of moving forward, a public hearing can be set (possibly for October 16th)
Supervisor Robbins noted the Busti Historical Society submitted a letter to the board requesting the following for the Apple Harvest Festival, Sunday, September 24th:
1. Close Lawson Road between Busti Sugar Grove Road and Mill Road from 5:30 am – 6:30 pm
2. Use the Lawson Park parking area for vendor parking only
3. Town Board members serve/sell cider during the festival
4. Police escort to the bank at the close of the festival
Councilman Hanson motioned to complete the items requested by the Busti Historical Society, motion was duly moved by Councilman Mueller.
All aye, carried.
Supervisor Robbins moved to authorize CEO Jeff Swanson to attend NYS Dept of Financial Services Vacant/Abandoned Properties Informational session on September 20th at the University of Buffalo, Amherst, NY, motion was duly moved by Councilman Hanson.
All aye, carried.
Supervisor Robbins noted Big Tree Soft Serve and Chautauqua Striders are sponsoring a 5K run, “Twist N’ Serve” on Sunday, October 1st. The Lakewood Fire Department and Lakewood Busti Police Department has been notified and will assist with the event.
Supervisor Robbins noted Town Clerk Nygren has distributed the 2018 Tentative Budget to the board for their review. He asked the board to review the budget and contact him with any questions or concerns. Changes to the Tentative Budget will be documented at the October 2, 2017 Town Board meeting and a public hearing set.
Supervisor Robbins noted the town board has received a letter from Village of Lakewood Mayor Birrittieri requesting financial assistance with a proposed B.A.N. This will be discussed in Executive Session.
Supervisor Robbins noted the following reports & correspondence:
Town Clerk Report – August 2017
Supervisor Report – July 2017
Building Permit Report – August 2017
Zoning Board of Appeals – August 23, 2017 minutes
Chautauqua Lake & Watershed Alliance – September 14th Agenda & August 10, 2017 minutes
Charter Communications – August 31, 2017 letter
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 13 from warrant #524 to and including warrant #586 in the amount of $377,722.19.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the August 21, 2017 Town Board minutes as presented, motion was duly moved by Councilman Mueller.
All in favor, carried.
Councilman Lawton reported he and the Health Insurance Committee have met and are reviewing policies for the employees in 2018.
Councilman Hanson questioned if the board was going to move forward with the construction of a Records Room and stated if that is the plan the funds should be allocated in the 2018 budget.
Councilman Andrews reported the county has $100,000 they are designating to assist with the cleanup of the lake: $43,200 to the CLA; $5,000 to N. Harmony to assist with helping shore clean up; $14,570 to CLP, and $24,000 to Jamestown BPW for Debris/Downed Tree Removal on Jones & Gifford to Warner Bay.
Supervisor Robbins noted The Busti Tap House will have a ribbon cutting on Friday, September 22nd at 4:30 pm. Board members are invited to attend.
Village of Lakewood Birrittieri reported she is working on marketing the area and suggested the Town and Village boards hold a joint meeting, October 30th. Discussion followed.
Supervisor Jesse Robbins moved to the board leave Regular Session and enter in Executive Session at 8:03 pm, to discuss contract negotiations and personnel. Motion was duly moved by Councilman Lawton, all in favor, carried.
Supervisor Robbins moved the board reenter Regular Session at 9:02 pm, motion was duly moved by Councilman Lawton.
Councilman Mueller moved the following resolution, which was duly moved by Councilman Lawton.
RESOLVED, Joshua Pilling be hired as a permanent full time Motor Equipment Operator at a pay rate of $15 per hour.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to adjourn the meeting at 9:10 p.m., which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
____________________________________
Darlene H. Nygren, Town Clerk