REGULAR MEETING
May 7, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, May 7, 2018 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 Kenneth Lawton
Councilman Rudy Mueller
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, Busti Fire Department Chief Matt Stafford, Jack Knowlton, Dave Sherman, Gerald Kemp, David Joy, Richard and Kathie Ferri, Karin Josephson, Collin Smith, Kathy Geary, Calvin M. Cederquist, Carol Sorg, Martha Peterson, Lou Golando, Clyde Carlson – Mt. Moriah, Samuel Gullotti, Shirley and Andrew Danielson, Jake Ensign, and Dave Josephson.
Town Clerk Darlene Nygren reported she attended the Office of State Comptroller Local Government Seminar for Local Officials in Rochester on April 19th, with Bookkeeper Susan Williams and the NYS Town Clerk Association Annual Conference in Albany, April 22 – 25th.
Chief John Bentley reported the department has had 3,134 incidents ytd and 484 incidents since the last board meeting. The department participated in the National Drug Take Back Day at Chautauqua Mall; the drug drop box has been installed and is being used. The Canine Unit assisted with a search on Route 474 for an accident victim that had left the scene of the accident. The department recently received $16,494.47 from a drug asset forfeiture.
Highway Superintendent Melvin Peterson reported the department has begun paving for the season. Lawson Road was paved today with micro pave and Trask Road is scheduled to be paved tomorrow with a Seal Coat System. Superintendent Peterson ordered road salt for next season. The department plowed 86 times from December 1st to the end of the plow season. The Park’s truck that was in an accident a few weeks ago was declared totaled by NYMIR; they will pay $25,264 for a replacement vehicle. Ed Shults has a 2018 ½ ton 4×4 V8 single cab work truck, with the government discount the purchase price is $25,800.
Councilman Hanson moved the following resolution which was duly moved by Councilman Mueller:
RESOVED, Highway Superintendent Peterson be authorized to purchase the 2018 ½ ton 4×4 V8 single cab work truck for the government discounted cost of $25,800. The insurance payout of $25,264 should be applied towards the cost of the purchase and the net cost will be $536.00.
Upon roll call vote, all aye, carried.
Highway Superintendent Peterson noted the Village of Lakewood is interested in purchasing the 2002 International Paystar 5000 dump truck. The Village has been using the truck for brush pickup and various other jobs. Superintendent Peterson received an appraisal from Kenworth in the amount of $20,000, which is for the truck only and not including the plow. The sale to the Village would benefit the town as the truck would remain available to the town through Shared Services.
Councilman Mueller moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town Board declare the 2002 International Paystar 5000 dump truck as surplus and sell the vehicle to the Village of Lakewood for the Kenworth appraisal, in the amount of $20,000.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted it was 7:00 p.m. and time to open a Public Hearing pursuant to Section 405-27(D) of the Town of Busti Zoning Code for the application of Jason Genberg and Eric Anderson for a Special Use Permit to operate an Agritourism Business.
Proof of publication was placed on file.
Residents present voiced concerns of the location of the Agritourism Business and how it would affect the neighborhood. Their concerns included parking, lighting, increase of traffic on Trask Road along with the speed of vehicles, how the development would affect the water table and the creek that runs through the property, as well as the location of any permanent buildings.
Applicants Eric Anderson and Jason Genberg shared their vision for the venue. 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. The business would be open for six weekends during the fall season and open from 10am through 6pm. The patrons would have a hands-on experience such as walking through a cornfield (corn maze), picking a pumpkin, or even feeding farm animals. Several temporary structures would be erected, to house the various agricultural-related attractions, and dismantled for the remainder of the year. One permanent multiuse structure would be built to house admissions, concession sales, and storage. A proposed stage would be used for local radio stations to broadcast from. There would be soft music playing at other times. The lighting would be limited to the permanent structure and would only be used during the six-week period of operation. The proposed venue would include two parking areas: a main lot and an overflow lot; both areas would remain grass with gravel entrances and driveways. Porta Pottys and washing stations would be utilized for the season and removed at the end of each season. Trash receptacles would be placed throughout the venue, trash would be removed as needed and disposed of off site. The applicants are working with the county health department for approval of a well and septic system. The applicant clarified the “air cannons” are compressed air devices that will be used to shoot corn cobs inside a netted area. Generators will be used as an electrical source.
Calvin Cederquist, current owner of the said property, shared the history of the property and it’s use. Mr. Cederquist noted the property has been for sale for quite some time and there have been various parties interested in purchasing the property with a variety of proposed uses. He stated the applicants and the proposed venue would keep the property as close to agricultural use, other use interest included solar farms and housing developments.
Supervisor Robbins noted it was 8:21 p.m. and the public hearing was closed.
The town board discussion followed regarding the Special Use application. The following recommendations were made for the Special Use Permit:
Temporary and Directional Signage
Grass parking lot areas with gravel entrances and driveways
100 feet set backs for structures
No sight lighting except for lighting on permanent structure
All temporary attractions be removed and stored at the end of the season
Attorney Joel Seachrist noted, prior to board approval, a zoning referral form and an Environmental Assessment Form are required to be submitted to Chautauqua County Planning and Economic Development for their review and recommendations. Mr. Seachrist will include the Town Board recommendations in the final Special Use Permit which will be presented at the May 21st Town Board meeting.
Busti Fire Department Chief Matt Stafford reported the department has had 12 ems calls, 1 Motor Vehicle Accidents and 8 Fire/ brush fires for a total of 21 in the month of April.
Jack Knowlton reported the Lakewood Fire Department has averaged 2 ½ calls per day. Mr. Knowlton noted the town cemetery “rules” signs need to be replaced. He has contacted a sign company and requested a quote for new signs at each cemetery and will present the proposals at the next board meeting.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Code Enforcement Officer agreement with the Village of Lakewood include an addendum stating the position of Zoning Officer was added to the agreement effective January 2018.
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 Town Supervisor be authorized to sign the Shared Fire Code Inspector Agreement with the Village of Lakewood, as follows:
SHARED FIRE CODE INSPECTOR AGREEMENT
This agreement is made and entered into effective the 7th day of May , 2018, by and between the VILLAGE OF LAKEWOOD, a municipal corporation defined by General Municipal Law, Section 119-n(a) of the State of New York, hereinafter referred to as the “Village,” and the TOWN OF BUSTI, a municipal corporation defined by General Municipal Law Section 119-n(a) of the State of New York, hereinafter referred to as the “Town.”
WITNESSETH:
Whereas, every town and village in the State of New York is charged under Section 381(2) of the Executive Law with administration and enforcement of the New York uniform fire prevention and building code and the New York State energy conservation construction code; and
Whereas, the Town and Village are empowered by law to have a code enforcement officer (“CEO”) pursuant to Section 20 of the Town Law of the State of New York and Section 3-301 of the Village Law of the State of New York; and
Whereas, the Town and Village previously entered into an agreement whereby the Town agreed to employ a CEO and make that CEO available to the Village in exchange for certain remuneration paid by the Village to the Town; and
Whereas, the Town and Village, pursuant to 19 NYCRR 1203.3, are charged with conducting fire safety and property maintenance inspections of buildings which contain an area of public assembly at intervals not to exceed one year, and fire safety and property maintenance inspections of all multiple dwellings and all non-residential occupancies at intervals consistent with local conditions, but in no event at intervals in excess of one year for dormitory buildings and three years for all other buildings; and
Whereas, the Town and the Village are empowered to enter into an agreement on a contractual basis for the sharing of the costs associated with the employment of a Fire Code Inspector (“FCI”) pursuant to Section 119-o of the General Municipal Law of the State of New York, subject to approval by both the Town Council of the Town and the Village Board of the Village.
Now, therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, and the mutual covenants contained herein, the parties hereto agree as follows:
1. Statement of Agreement. During the term of this Agreement, the Town agrees to provide and make available its FCI to the Village, and the Village agrees to utilize the services of the Town’s FCI, in accordance with and subject to the terms of this agreement.
2. Legal Basis. This Agreement is authorized pursuant to and by Article 5-g, Section 119-o, of the General Municipal Law of the State of New York.
3. Delivery of Services.
a. The Town shall provide a FCI to the Village to administer a program of fire safety inspections in accordance with 19 NYCRR § 1203.3(h).
b. Fire Code Enforcement Responsibilities. Responsibilities of the FCI shall be those set forth in 19 NYCRR § 1203.3(h), the Uniform Fire Prevention and Building Code, the Village code, the Town code, as well as all other responsibilities properly delegated to the FCI by the Mayor of the Village and all other responsibilities properly delegated to the FCI by the supervisor of the Town.
c. Personnel Policies. The FCI shall at all times be an employee of the Town and is not an employee of the Village. Nonetheless, in providing services to the Village pursuant to this Agreement, the FCI shall be subject to the sole direction and supervision of the Mayor of the Village.
d. Dispute Resolution. Any conflict between the parties to this agreement concerning the extent and manner of the performance of the fire code inspection services delivered to the Village shall be resolved by agreement by and between the Supervisor of the Town and the Mayor of the Village.
e. Dedication of Time. The FCI shall be a part-time employee of the Town and shall work as the FCI for the Town and Village for a total of twenty (20) hours per week.
f. Termination. Either party to this Agreement may terminate this Agreement upon ninety 90 days’ written notice to the other party.
4. Resources.
a. Salary and Benefits. The Town shall be solely liable for the salary and any benefits, other than those specifically set forth in Section 4(b) below, to which the FCI shall be entitled. The FCI shall be at all times during the term of this Agreement an employee of the Town and not an employee of the Village.
b. Allocation of Obligations for the Shared Services. The costs and expenses related to the services provided hereunder shall be allocated between the parties as follows:
i. The Village shall reimburse the Town for all wages the Town pays to the FCI that are attributable to fire inspections performed within the boundaries of the Village. The Village shall also reimburse the Town an amount equal to fifty percent (50%) of any training expenses of the FCI, provided the training expenses were approved by the Village prior to the training. The Village shall also reimburse the Town for all mileage expenses the Town pays to the FCI attributable to miles driven to or from a fire inspection within the boundaries of the Village. The Town shall be responsible for all other costs associated with the employment of the FCI.
c. Payment of any sums due hereunder between the municipalities shall be made on a semi-annual basis or such other time periods as the parties may agree.
d. Liabilities of the Town and Village. The Town shall bear all liabilities associated with any erroneous, illegal, or inappropriate actions by the FCI while performing his duties for the Town and shall hold the Village harmless with respect thereto. Similarly, the Village shall bear all liabilities associated with any erroneous, illegal, or inappropriate actions performed by the FCI while performing his duties pursuant to this Agreement for the Village and shall hold the Town harmless with respect thereto.
e. Records of the Village. All fire inspection records of the Village shall be maintained at the offices of the Village and shall at all times be, and remain, the property of the Village.
f. Designation of FCI. The FCI shall be designated by resolution of the Village as the Village’s FCI.
5. Term. The Term of this Agreement shall be for twelve (12) months, commencing on May 15, 2018, and continuing to May 15, 2019. This Agreement shall automatically renew for successive twelve (12) month terms unless either party provides notice to the other of its intent to terminate this Agreement pursuant to paragraph 3(f) above.
6. Authorization. This Agreement is made and executed pursuant to a resolution by the Town Council of the Town, adopted on May 7, 2018, and the Village Board of the Village adopted on 14th May , 2018. Pursuant to said resolutions, the Supervisor of the Town and the Mayor of the Village are authorized to execute this Agreement.
7. Mandatory Review. The Town Council of the Town and the Village Board of the Village shall review this Agreement at the conclusion of each twelve (12) month term hereof, to determine whether any changes to the Agreement may be necessary. The Town and Village hereby agree to negotiate in good faith any necessary changes to this Agreement.
TOWN OF BUSTI
Dated: May 8, 2018 By
Jesse M. Robbins, Supervisor
VILLAGE OF LAKEWOOD
Dated: May 15, 2018 By
Cara Birrittieri, Mayor
Upon roll call vote, all aye, carried.
Councilman Hanson moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, under the recommendation of NYMIR, the Town of Busti update the existing Computer/Internet Use policy to read:
“All computers, computer components, peripherals and software purchased, leased or acquired by the Town of Busti is the property of the Town. No software may be added to, copied from or removed from Town computers without expressed written authorization from the Town Board of the Town of Busti. Games are to be specifically excluded from the Town computers.
There is no right-to-privacy expectation in using the Town computer equipment, Internet or e-mail facilities. The Supervisor of the Town of Busti may authorize systems audit at any computer at any time. Playing games, Social Media, nonwork-related websites, or personal use of any kind are specifically prohibited on town owned computer equipment. Unauthorized use of Encryption Technology, use of systems to harass others, and coping, viewing or sending pornographic materials is expressly prohibited.”
In addition, also under the recommendation of NYMIR, there will be a block on certain websites, that fall under the said prohibited categories, from being accessed due to the Cyber Security risk.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to set Public Hearings on May 21, 2018 at 7:00 p.m. for Local Law 2018-1 “Establishing a Moratorium on Commercial Solar Energy Facilities” and at 7:05 p.m. for Local Law 2018-2 “Establishing a Moratorium on Commercial Wind Turbine Facilities”. Motion was duly moved by Councilman Mueller.
All in favor, carried.
Supervisor Robbins moved to authorize the event “4 for 44 Team Relay” at Southern Tier Brewery to be run along the proposed town roads on September 9, 2018. The event host is required to provide a Certificate of Insurance naming the Town of Busti on the policy. Motion was duly moved by Councilman Lawton.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, the price of the 2018-19 Transfer Stickers remain at $90 for the first sticker purchased and $25 for a second sticker purchased or a replacement sticker.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Highway Superintendent Melvin Peterson be authorized to attend 2018 Highway School, Ithica, NY, June 4-6, 2018.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town Board approve the following budget amendments:
Transfer $15,000 from the J909 – Joint Recreation Fund Balance – Unreserved to A7110.400 – Parks Contractual Expense (February 6, 2017 approval of funds used towards the Loomis Park Concession Stand) and $30,000 from A3021 – State Aid – Court Facilities to A1620.200 – Building Equipment (JCAP grant funds used towards the construction of the Records Room).
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town had received the following Member Voting Form from Chautauqua Lake and Watershed Management Alliance:
Chautauqua Lake & Watershed Management Alliance
Board of Directors May 2018 Election
Member Voting Form
Name of Alliance Member Organization:________________________________________
Directions: Please fill in Section A (Recommended Slate) -OR- Section B (Individual). Do NOT fill in both sections of this voting form. Once either Section A or B is completed, please sign, date and return via email or in person no later than 5/10/18.
SECTION A (Recommended Slate):
If you wish to vote for the slate of candidates provided below, as recommended by the Governance / Executive Committee, please complete Section A.
Town/Village: At-large: At-large:
1. Ted McCague 1. Linda Barber 1. David Spann
____Yes
____Abstain
Signature & Date: ___________________________________________________________
SECTION B (Individual):
If you wish to vote for individual candidates, please complete Section B.
Town/Village: At-large: At-large:
1. Ted McCague* 1. Linda Barber 1. David Spann
___Yes, ___*Redirect, ___Abstain ___Yes, ___No, ___Abstain ___Yes, ___No, ___Abstain
*Redirect = Direct nominating If No, WRITE IN Alternate: If No, WRITE IN Alternate:
agency to nominate another ________________________ __________________________
candidate. ________________________ __________________________
Signature & Date: ______________________________________________________________
Thank you for being a Member of the Chautauqua Lake & Watershed Management Alliance and participating in the election of our Board of Directors.
Councilman Hanson moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, Supervisor Robbins be authorized to sign the Member Voting Form, completing Section B (Individual) and voting for 1. Ted McCague 2. Jim Wehrfritz – Write In Alternate
3. David Spann
Upon roll call vote,
Supervisor Robbins – aye
Councilman Mueller – aye
Councilman Andrews – abstain
Councilman Hanson – aye
Councilman Lawton – aye
Discussion followed. Several board members were dissatisfied with the process of selecting the Chautauqua Lake & Watershed Management Alliance Board of Director Candidates. The board discussed writing a letter to the Alliance noting their concerns.
Councilman Lawton reviewed the State Environmental Quality Review – Involved Agency Findings Statement – Findings to Approve – Chautauqua Lake Herbicide Treatment.
TOWN OF BUSTI
The Town Board of the Town of Busti, New York, hereby resolves:
WHEREAS, the Busti Town Board is proposing to undertake the application of herbicides to areas of Chautauqua Lake bordering its jurisdiction and has applied for a permit from the New York State Department of Environmental Conservation (“NYSDEC”) to apply herbicides to areas of Chautauqua Lake bordering its jurisdiction; and
WHEREAS, the Town Board of the Town of Ellery, serving as Lead Agency in the State Environmental Quality Review Act (“SEQRA”) process, issued a final supplemental impact statement (“SEIS”) for the application of herbicides to target areas of Chautauqua Lake on April 5, 2018; and
WHEREAS, the Ellery Town Board, serving as Lead Agency, issued SEQRA Findings regarding the application of herbicides to Chautauqua Lake on April 17, 2018;
WHEREAS, as an Involved Agency in the SEQRA process, the Busti Town Board has the authority to issue SEQRA Findings that consider all relevant environmental impacts, facts, and conclusions disclosed in the SEIS; that weigh and balance the relevant environmental impacts with social, economic, and other considerations; that provide a rationale for the Town Council’s decision; that certify that the requirements of SEQRA have been met; and that certify that, among the reasonable alternatives available, the application of herbicides to areas of Chautauqua Lake bordering the Town of Busti’s jurisdiction avoids or minimizes adverse environmental impacts to the maximum extent practicable; and
WHEREAS, the Busti Town Board has considered all relevant environmental impacts, facts, and conclusions disclosed in the SEIS that are relevant to the application of herbicides to areas of Chautauqua Lake bordering the Town of Busti’s jurisdiction; has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; and has found that the SEIS has provided a rationale upon which the Town Board may rely in making any final decisions on whether to undertake the application of herbicides to target areas of Chautauqua Lake; and
WHEREAS, the Busti Town Board reviewed the Findings; and
WHEREAS, the Busti Town Board is reserving its decision on whether to undertake the application of herbicides to Chautauqua Lake until after receipt of relevant permits from the NYSDEC.
We now RESOLVE, therefore:
• To certify that the requirements of SEQRA have been met;
• To certify that, among the reasonable alternatives available, the proposed treatment plan and mitigations set forth in the SEIS regarding the application of herbicides to targeted areas of Chautauqua Lake avoids or minimizes adverse environmental impacts to the maximum extent practicable;
• To incorporate to this resolution by reference the attached Findings;
• To accept and issue the said Findings;
• To provide the Findings to all Involved and Interested Agencies (as those terms are defined in 6 NYCRR § 617.2) and interested parties;
• After issuance and review of any permit(s) from the NYSDEC, to consider the SEIS, SEQRA Findings, and permit requirements to make a determination whether to approve a resolution to apply herbicides to Chautauqua Lake.
ADOPTED, this 7th day of May, 2018 at a special meeting of the Town of Busti Town Board following a motion made by Supervisor Jesse Robbins and seconded by Councilman Kenneth Lawton, and accrued with the following Roll-Call vote:
Supervisor Robbins – aye
Councilman Mueller – nay
Councilman Andrews – aye
Councilman Hanson – aye
Councilman Lawton – aye
Councilman Hanson asked the Councilmen to review the information that was forwarded to them (via email) regarding the Solar Liberty Proposal for the solar panel installation at 125 Chautauqua Avenue (Administration Building) and 3646 Lawson Road (Highway Building); as well as the information and proposed resolution from National Grid regarding the LED streetlight conversion.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbin:
RESOLVED, the Town of Busti accept the proposal from Jamestown Heating and Air to tie in duct work to the back hallway and holding area in the amount of $1,184; and to tie in duct work to the court office lobby in the amount of $525.
Upon roll vote, all aye, carried.
Councilman Hanson reported the electric is on at Loomis Park Concession. He has ordered cupboards to be installed in the concession area and a steel countertop will be installed by Kings Heating. The bathrooms will be finished as additional funding is received. Jim Rauh is donating blacktop and labor for walkways.
Discussion followed regarding the tennis courts at Lawson Park.
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. 5 from warrant #230 to and including warrant #278 in the amount of $136,609.31.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the April 16, 2018 Regular Town Board minutes, motion was duly moved.
All in favor, carried.
Supervisor Robbins moved to adjourn the meeting at 10:10 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk