REGULAR MEETING
August 6, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 6, 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 Rudy Mueller
Absent: Councilman Todd Hanson
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: Highway Superintendent Melvin Peterson, Busti Lakewood Police Chief John Bentley, Attorney Joel Seachrist, Michael Nygren, Kevin DiLuca, Greg and Lorri Turner, Kim and Roy Ferris, Bruce R. Carlson, John Bulmer, Cyril Banner, John and Debbie Thayer, Timothy and Lianne Edborg, Michael Calimeri, and Michele Compton.
Several residents from W. Summit Street, outside of the Village of Lakewood, were present and thanked the Town Board for following through with the herbicide application near their residences on Chautauqua Lake; they shared the lake condition is the best they have seen in nearly 25 years. The residents stated they would like to see the town continue to invest in similar projects in the future and would be willing to help raise funds or with the organization process.
Debbie Thayer shared the Watershed Conservancy had received property, through a donation, which borders her property on Southwestern Drive. The conservancy has placed signs, inviting people to enter their property, along the property borders. The signs are a bright yellow/orange color and located about every 25 – 30 feet along the property borders, facing her and other bordering properties. Ms. Thayer stated the only people that would be able to see the signs are those on her or other neighboring property, as there is no public access point or parking for the conservancy property. She sees 8 – 10 signs from her back yard and finds them very offensive. Other neighbors present (Calimeri/Compton and Edborgs) shared the signs have become an issue with the privacy of their homes to the point that they have had people drive in their driveway and ask if they can park there to access the Watershed Conservancy property. The group of neighbors asked if the Town Board had the authority to address the situation and if the signs were a violation of the town’s sign policy. Attorney Joel Seachrist is going to research the matter and report back to the board.
Mike Nygren stated he and his wife, Darlene, purchased farm property at 1113 Southwestern Drive. There is a barn located on the property where the Nygrens hosted their daughter’s wedding on July 14th , he shared pictures of the barn with the board. Mr. Nygren has met with Code Enforcement Officer Swanson and discussed converting the barn into an event venue and was told the current zoning code does not permit an event venue in any of the town’s zoning districts. Mr. Nygren asked the board if they would consider amending the code to permit the barn to be used as an event venue. Code Enforcement Officer Swanson stated he had met Mr. Nygren at the farm and noted the Nygrens have cleaned up the property which was beginning to become a property maintenance issue. Discussion followed, it was suggested to allow the use with a required special use permit; discussion continued and included the increase of requests to permit “stand-alone” accessory buildings on vacant property.
Supervisor Robbins moved to set a Public Hearing on August 20, 2018 at 7:00 p.m. for Local Law 2018-2 “PERMITTING WEDDING OR EVENT FACILITIES AND STAND-ALONE ACCESSORY BUILDINGS BY SPECIAL USE PERMIT IN THE CR AND CA DISTRICTS”
Motion was duly moved by Councilman Mueller.
All in favor, carried.
Town Clerk Darlene Nygren reported she attended the Association of Towns’ Seminar on Charitable Funds Contribution, she noted this is an opt-in program for municipalities and schools in New York State, by what she has been told Chautauqua County will not be opting in. The AOT will be holding a webinar that the town board can attend to receive more information. Clerk Nygren reported the Solar Liberty agreement has been signed, National Grid is waiting on information on the LED size/type to install at each location listed before it can move forward in the streetlight conversion. The Clerk’s office started selling DEC hunting licenses on August 1st, the Doe Management Assistance Program tags auto-renewal expired this year and was not renewed due to the low number of does harvested over the past three years. There have been 772 transfer station stickers sold to date for 2018-19 which is only 15 behind last year. New York State Vital Records’ Electronic Death Register System will go live in our area on August 23rd. Clerk Nygren and Deputy Clerk Susan Huffman attended a training webinar for the EDRS program and preparing for the transition.
Lakewood Busti Police Chief John Bentley reported the department has had 564 incidents since the last town board meeting and 5,440 incidents ytd. The department received a Government Safety grant in the amount of $6,100 and anticipates receiving funds from the Child Safety Seat grant.
Highway Superintendent Melvin Peterson reported the department participated in a 5 town/village alliance and has been oiling/stoning Wing, Simmons, Sandbury, Lawson, and Winch Roads; they used 24,500 gallons of oils. The alliance will begin working in the Village of Lakewood tomorrow. The department plans to begin working on the Administration Office parking lot; the current blacktop will have to be dug up and replaced however new gravel will have to be spread and drains installed prior to the pavement resurfacing. Superintendent Peterson noted the cost of black top has increased due to the increase steel prices.
Code Enforcement Officer Jeff Swanson reported the development of Pumpkintown is progressing quickly. He has been issuing permits for a variety of building projects. CEO Swanson asked the board to consider purchasing a vehicle to be use by the CEO, he noted he has been using his own vehicle and receives mileage reimbursement however, the job causes a lot of wear and tear on his personal vehicle.
There was discussion regarding the status of the Loomis Park new concession stand. Superintendent Peterson noted the following still need to be completed before the restrooms are fully operational: water hook-up, BPU water meter, a back-flow preventer needs installed, to apply for a permit with South & Center Chautauqua Lake Sewer District, and a permit for easement. Southwestern Soccer Club had submitted an application for a Sheldon Foundation grant, however, the foundation requested the town board pass a resolution authorizing the grant application.
Councilman Mueller moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the Town of Busti authorize the grant application to the Sheldon Foundation in the amount of $10,000, funds would be used towards the completion of the Loomis Park Concession Stand project.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to allow the JCC Men’s soccer team to use the fields at Loomis Park – August through October 2018, which was duly moved by Councilman Andrews.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town Board appoint Mike Gleason as Fire Code Inspector, at a rate of pay of $15/hour for a total of 20 hours per week and according to the agreement with the Village of Lakewood.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted Chautauqua Lake and Watershed Management Alliance has asked him, on behalf of the town board, to sign two letters of support for the Village of Lakewood Stormwater projects that are being submitted for a New York State Consolidated Funding Application Department of State – Local Waterfront Revitalization Program grant. Councilman Andrews noted these were the top two projects that come from the Stormwater study that the Town of Busti participated in. Councilman Mueller stated there is no guarantee the village will be awarded the grant and even if the grant is awarded the Village Trustees will vote in November if they want to proceed with the project. Councilman Mueller noted that he feels the projects are important for the lake in the long-term. Supervisor Robbins stated he was not in favor signing the letters. Discussion followed.
Councilman Mueller moved to authorize Supervisor Robbins to sign the letters of support, which was duly moved by Councilman Andrews.
Supervisor Robbins – nay
Councilman Mueller – aye
Councilman Andrews – aye
Motion not carried.
Supervisor Robbins moved the following resolution which was duly seconded 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. 10 from warrant #455 to and including warrant #500 in the amount of $244,077.34.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the July 16, 2018 Regular Town Board minutes, motion was duly moved.
All in favor, carried.
Supervisor Robbins moved to adjourn the meeting at 7:59 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
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Darlene H. Nygren, Town Clerk