REGULAR MEETING
August 20, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 20, 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
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, Busti Fire Dept Chief Matt Stafford, Michael Nygren, Susan Lane, Tore Arvidson, Bob & Judy Schultz, and Chautauqua County Legislator P.J. Wendell.
Town Clerk Darlene Nygren reported her office has been busy selling hunting licenses, the transfer station stickers sales have slowed down and are about 10 behind what was sold last year.
Lakewood Busti Police Chief John Bentley reported the department has had 5,793 incidents ytd and 363 since the last town board meeting. The department received $1,200 for the Child Safety Seat grant. The department’s new cars are delivered.
Highway Superintendent Melvin Peterson reported the department dug a drain in the Administration Office parking lot; they will be scraping 1 ½” blacktop off the surface spreading down more gravel and then blacktopping. In addition to the parking lot, the department has blacktopped on Mead and Lawson roads and grinding brush. A vacuum tank will need to be installed at Loomis Park for the concession stand. Superintendent Peterson reported truck # 4 engine blew and needs to be replaced. He is researching if it will be more cost effective to replace the engine or have it rebuilt.
Code Enforcement Officer Jeff Swanson reported the owners of Pumpkintown are working hard to be ready for the upcoming season.
Busti Fire Department Chief reported 26 EMS calls, 5 Motor Vehicle Accidents, and 12 fires – year to date total of calls is 219, which is 9 under last year at this time.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Highway Superintendent Melvin Peterson be authorized to advertise for bids for the town Transfer Station three-year contract.
Upon roll call vote, all aye, carried.
Attorney Joel Seachrist reported he spoke with Mr. Thayer on Southwestern Drive regarding the Watershed Conservancy signs that were discussed at the August 6th meeting. The conservancy removed one sign that bordered his property and have talked about changing the color of the signs. Mr. Seachrist recommended the board give the conservancy some time to follow through on making the changes before writing a letter to them regarding the matter.
Attorney Seachrist noted he had been contact by an attorney representing a person who is purchasing property at 10 Loomis Lane. The property formerly owned by Edward F. Loomis is included in an Affidavit and Master Agreement naming the Town of Busti to the said right of second refusal. If the town board agrees that the town has no interest in the property, it should pass a resolution authorizing Supervisor Robbins to sign an affidavit.
Councilman Andrews moved the following resolution which was duly moved by Councilman Hanson:
TOWN OF BUSTI RESOLUTION
August 20, 2018
AUTHORIZING THE SUPERVISOR TO EXECUTE A WAIVER OF RIGHT OF SECOND REFUSAL
WHEREAS, the Town of Busti holds the right of second refusal pertaining to the sale of certain lots now or formerly owned by the Edward F. Loomis Estate, which right was described in a certain Affidavit and Master Agreement recorded in the Chautauqua County Clerk’s Office on March 20, 1997 in Liber 2362 of Deeds at page 617 and later supplemented by a second Affidavit of the Town of Busti Supervisor recorded in the Chautauqua County Clerk’s Office on July 25, 2001 in Liber 2472 of Deeds at page 273 (together referred to as the “Agreement”; and
WHEREAS, the owner of the lot subject to the said right of second refusal located at 10 Loomis Lane and identified in the Agreement as tax map Section 27, Block 1, Lot 1.14 and now known as tax map Section 365.15, Block 2, Lot 40, has requested that the Town formally waive its right of second refusal to facilitate the sale of said lot; and
WHEREAS, the Town has no desire nor need to purchase said lot;
NOW, THEREFORE, BE IT
RESOLVED, that the Town hereby waives any rights it may hold under the Agreement with regard to the exercise of a right of second refusal upon the sale of said lot and authorizes the Supervisor to sign a recordable instrument memorializing such waiver.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted he had received a letter of complaint regarding property located at 4411 Fairmount Avenue and its current state of disrepair.
Supervisor Robbins noted it was 7:00 p.m. and time to open a Public Hearing for Local Law 2 for the year 2018 “PERMITTING WEDDNG OR EVENT FACILITIES AND STAND-ALONE ACCESSORY BUILDINGS BY SPECIAL USE PERMIT IN THE CR, CA, AND CAMP DISTRICTS”. Motion was duly moved.
Upon roll call vote, all aye.
Proof of publication was placed on file.
Judy Schultz voiced a concern regarding the noise control for the event facilities. Councilman Hanson noted the town already has a noise ordinance that would have to be followed. Councilman Lawton stated the purpose of the local law was to allow wedding and event facilities in the specific districts which will be subject to a Special Use Permit, the law should be general, and the Special Use Permit should regulate reasonable conditions. There was discussion regarding when the amplified sound should commence and be terminated. It was suggested the time to commence be no earlier than 12:00 noon and terminate no later than 10:00 pm on Sunday through Thursday, and 12:00 midnight on Friday and Saturday.
Code Enforcement Officer Swanson recommended the CAMP District be added to the local law.
Discussion followed regarding the Stand-Alone Accessory Buildings, primarily regarding pre-exiting buildings. It was recommended to add the phrase “the Town Board can vary Special Use Permits with pre-existing buildings” and to eliminate any size requirements, those requirements could be established with the individual special use permits.
Attorney Seachrist noted the town had not received a response from the County Planning Department and recommended the board not vote on the local law until the response is received. The board should set another public hearing due to adding the CAMP District.
Supervisor Robbins moved to set a Public Hearing on September 17, 2018 at 7:00 p.m. for Amended Local Law 2018-2 “PERMITTING WEDDING OR EVENT FACILITIES AND STAND-ALONE ACCESSORY BUILDINGS BY SPECIAL USE PERMIT IN THE CR, CA, and CAMP DISTRICTS”
Motion was duly moved by Councilman Mueller.
All in favor, carried.
Supervisor Robbins reported Dog Control Officer Randy Erickson no longer has a phone with a voice mail which makes it difficult to contact him regarding lost/found dogs or any other dog issue. Mr. Erickson has not been answering his phone; residents then call the clerk’s office who is also unable to contact him. Supervisor Robbins informed Mr. Erickson he needs to have voice mail on his phone to allow residents to leave messages regarding their dog concern.
Councilman Lawton moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Supervisor Robbins be directed to contact Dog Control Officer Randy Erickson and inquire if he desires to continue as DCO for the Town of Busti. If so, he should be informed that voice mail must be set up on his phone and he should return the calls in a timely manner. In the case that Mr. Erickson states he does not want to continue with the position of Dog Control Officer, Supervisor Robbins is authorized to appoint a new Dog Control Officer.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly seconded 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 #500 to and including warrant #527 in the amount of $43,928.93.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the August 6, 2018 Regular Town Board minutes, motion was duly moved.
All in favor, carried.
There was discussion regarding how the absence of library funding may affect the upcoming 2019 budget.
Councilman Hanson reported National Grid has received all the required information to move forward with the LED streetlight conversion. National Grid will be sending an invoice to get the project started.
Supervisor Robbins moved to adjourn the meeting at 8:02 p.m. which was duly moved by Councilman Hanson.
All in favor, carried.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk