REGULAR MEETING
September 17, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, September 17, 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, Busti Fire Dept Chief Matt Stafford, Jack Knowlton – Lakewood Fire Dept, John Beichner – Beichner Waste Services, Dog Control Officer M. Beth Moss, Bob & Judy Schultz, Shirley Brown, Bill Beckerink, Michael Looker, Lisa Lowe, Mike Nygren, Dawn Williams, and Eric Zavinski – Post-Journal.
Dawn Williams noted she had submitted a letter to the board earlier this month requesting to have the speed limit on Sandstrom Road reduced from 55 mph to 45 mph. She is concerned that the higher speed limit puts the Amish Community in danger. She is also requesting to have a school zone sign put up on Sandstrom Road to make traffic aware of the Amish Parochial School District located there. Chief Bentley stated the board needs to submit a “Speed Study” request to the state.
Michael Looker requested to have a specific line item in the 2019 budget showing there were no funds allocated for the local libraries.
Lakewood Busti Police Chief John Bentley reported the department has had 683 since the last town board meeting and 6,463 incidents ytd. The department’s new cars will be on the road soon.
Highway Superintendent Melvin Peterson reported truck # 4 engine has been repaired. The department repaired and blacktopped the parking lot at the Town Administration Office, patching on Wellman Road, and surface patching on Orr Street. They will begin to work on the pump at the Loomis Concession Stand next week. Superintendent Peterson noted the price on road salt is up $2/ton and the cost of cutting edge is also supposed to increase.
Busti Fire Department Chief Matt Stafford reported 20 EMS calls, 1 Motor Vehicle Accidents, 5 Fires and 1 Service Call – year to date total of calls is 251, which is 1 more than last year at this time. Chief Stafford also reported the department was denied for the “Airpack” grant in the amount of $100,000; they will reapply next year. He thanked the highway department for the work on Lawson Road near the town park. The department will be busy working on Sunday, September 30th for the Apple Harvest Festival.
Jack Knowlton reported 658 incidents ytd for the Lakewood Fire Department. The department will be holding an open house on Saturday, October 13th as part of their 125th anniversary celebration.
Supervisor Robbins noted the board received a letter from the Busti Historical Society requesting the following for the Apple Harvest Festival on Sunday, September 30th:
1. Close Lawson Road between Busti Sugar Grove Road and Mill Road between the hours of 5:30 am to 6:30 pm.
2. Use the Town Park parking area for vendor parking only
3. Town Board members to serve/sell cider during the festival (cider will be located in the Historical Society pavilion)
4. Police Department to take the days proceeds to the lock box at the end of the festival day
Supervisor Robbins moved to grant the requests of the Historical Society, which was duly moved.
All aye, carried.
Supervisor Robbins noted it was 7:00 p.m. and moved to open a Public Hearing pursuant to that Local Law No. 2 of 2018 entitled “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 Hanson.
All aye, carried.
Proof of publication was placed on file.
No one present spoke regarding the proposed law.
Supervisor Robbins noted it was 7:02 p.m. and moved to close the public hearing, duly moved by Councilman Hanson.
All aye, carried.
Supervisor Robbins noted the town received a response from Chautauqua County Division of Planning & Community Development regarding the proposed law who found the proposed action to be a matter of local concern.
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Mueller:
WHEREAS, the Town of Busti has proposed Local Law No. 2 of 2018, which would permit wedding and special event facilities and stand-alone accessory buildings by special use permit in the Conservation-Agricultural (CA), Conservation Residential (CR), and Conservation, Agricultural, Mobile Home Park (CAMP) Districts, and
WHEREAS, the proposed law has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a long Environmental Assessment Form, and
WHEREAS, Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act requires this Board to determine and give notice of the environmental impact of the proposed local law, and
WHEREAS, the Board has determined that the proposed law will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby issues a Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed Local Law No. 2 of 2018 and authorizes the Supervisor to complete Part III of the EAF accordingly.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
TOWN OF BUSTI
RESOLUTION TO ADOPT LOCAL LAW NO. 2 OF 2018
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Busti for a public hearing to be held by said Board on September 17, 2018 at the Town Hall, 125 Chautauqua Avenue, Lakewood, New York, to hear all interested parties on a proposed Local Law to permit wedding and special event facilities and stand-alone accessory buildings by special use permit in the Conservation-Agricultural (CA), Conservation Residential (CR), Conservation Agricultural Mobile Home Park (CAMP) Districts, and
WHEREAS, notice of said public hearing was duly published in the Jamestown Post-Journal and posted in the Town Clerk’s office, and
WHEREAS, said public hearing was duly held on September 17, 2018 at the said time and place and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and
WHEREAS, the County Planning Department by letter dated September 12 2018, sent in response to a referral made pursuant to Section 239-m of the General Municipal Law, has advised that the proposed Local Law is of local option, and
WHEREAS, the Board has determined that the adoption of the local law is a Type I action for purposes of the State Environmental Quality Review Act, has prepared an Environmental Assessment Form, and has duly adopted a Negative Declaration finding that the proposed Local Law will not have significant adverse environmental impacts, and
WHEREAS, the Town Board, after due deliberation, finds it in the best interests of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Busti hereby adopts said Local Law as Local Law No. 2 of 2018, a copy of which is attached hereto and made a part hereof, and the Town Clerk hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Busti, and to give due notice of the adoption of the Local Law to the Secretary of State.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the Town Clerk had received an application from Mike Nygren for a Special Use Permit to operate Wedding and Special Event venue at 1113 Southwestern Drive.
Supervisor Robbins moved to set a public hearing on the 1st day of October 2018, at 7:00 p.m. pursuant to Section 405-27(F) of the Town of Busti Zoning Code for the application of Mike Nygren, Shadyside Road, Jamestown, New York, for a Special Use Permit to operate a Wedding and Special Event venue. The property is owned by him and located at 1113 Southwestern Drive and known as Section 420.00 Block 2 Lot 22 of the official tax map of the Town of Busti. The property is in the Conservation Agricultural District. Motion was duly seconded by Councilman Hanson.
Upon roll call vote, all aye, carried.
Highway Superintendent Melvin Peterson reported the bids for the Operation of the Transfer Station for the period of October 1, 2018 to September 30, 2021 were received and opened in the Town Clerk office on Friday, September 14th. Two bids were received: Casella Waste Services of New York, Inc. and Beichner Waste Services, with representatives from both companies present at the bid opening.
The bid from Beichner Waste Services included
I. Lump Sum Yearly Bid – Year 1 $36,000, Year 2 $36,000, and Year 3 $37,800 = $109,800;
II. Per load charge for transporting garbage and/or recyclables from current transfer station within 30-mile radius: Per Load Charge $155 based on an estimated 135 loads per year $20,925 x 3 = $62,775;
III. Mileage charge for transporting garbage and/or recyclables from current transfer station over a 30-mile radius: Loaded Per Mile Charge $7 based on an estimation of 0 loads = $0;
IV. and Yearly Rental Charge for each of the following:
20 yard Container $600, 30 yard Container $600, 40 yard Container $600 – $1,800 x 3 = $5,400.
The three-year bid totaling $177,975 or $59,325 per year.
The bid from Casella Waste Services of New York, Inc. included
V. Lump Sum Yearly Bid – Year 1 $35,720, Year 2 $37,506, and Year 3 $39,381 = $112,607;
VI. Per load charge for transporting garbage and/or recyclables from current transfer station within 30-mile radius: Per Load Charge $280 based on an estimated 135 loads per year $37,800 x 3 = $113,400;
VII. Mileage charge for transporting garbage and/or recyclables from current transfer station over a 30-mile radius: Loaded Per Mile Charge $5.50 based on an estimation of 0 loads = $0;
VIII. and Yearly Rental Charge for each of the following:
20 yard Container $360, 30 yard Container $360, 40 yard Container $2,800 – $1,800 x 3 = $10,560.
The three-year bid totaling $236,567 or $78,866.66 per year.
Superintendent Peterson recommended to award the bid to Beichner Waste Service based on the bids received.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board award the contract to Operate the Transfer Station for the period of October 1, 2018 through September 30, 2021 to Operate the Transfer Station to Beichner Waste Service with a three-year bid of $177,975.
Upon roll call vote, all aye, carried.
John Beichner thanked the town board for the opportunity to continue to work together. He thanked Highway Superintendent Melvin Peterson for all the work that he does at the transfer station to keep it operating smoothly. He noted that Mr. Peterson is at the transfer station at all hours ensuring that the containers are packed down and cleaned up, saving the town money overall.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti Town Board appoint Mary Beth Moss as Dog Control Officer at an annual salary of $4,200 and effective August 27, 2018.
Upon roll call vote, all aye, carried.
Ms. Moss submitted a report for the three weeks she has been acting as the Dog Control Officer. She has been busy contacting residents whose dog licenses are delinquent. She has issued a ticket for a dangerous dog, for several unlicensed dogs, and taken a stray dog to the holding center. Town Clerk Nygren noted Ms. Moss has been very busy catching up with Dog Control issues that have been neglected.
Supervisor Robbins noted that he, Code Enforcement Officer Swanson, Town Clerk Nygren, and Attorney Joel Seachrist met with realtor Tom Turner on Thursday, September 13th. Mr. Turner stated he had a client who is interested in a 100-acre parcel located in the Town of Busti’s Industrial District with the intention of constructing a Solar Farm. Mr. Turner was inquiring about the status of the recent moratorium that was issued for Solar Farms. Attorney Seachrist will begin writing a local law with regards to Solar Farms.
Town Clerk Nygren presented the 2019 Tentative Budget to the Town Board members. Supervisor Robbins stated he thought it was a good budget. The town board should review the budget and will discuss it at the next Town Board meeting on October 1st.
Supervisor Robbins reported that he, Town Clerk Nygren, and Highway Superintendent Peterson met with representatives from Integrated Benefits to discuss employee health insurance benefit for the year 2019. He was pleased to report the cost of health insurance with Univera will be .06% less for 2019, all other providers had an increase in cost.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, the Town of Busti employee’s health benefit remain the same as 2018: Provider – Univera, the town will pay 90% of the premium based on Standard Gold and an HRA contribution of $300/singles & $600/all others , the employees will have a choice of a Standard Gold or Access Gold 2 policy, and the employees are given the option to make contributions to an FSA account.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the following be authorized to attend Southern Tier West’s Fall Planning and Zoning Training on November 7th or 8th, in Salamanca or at Jamestown Community College: Code Enforcement Officer, Town Clerk, Deputy Town Clerk, & Zoning Board of Appeals and Planning Board members.
Upon roll call vote, all aye, 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. 12 from warrant #528 to and including warrant #591 in the amount of $151,967.76.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the August 20, 2018 Regular Town Board minutes, motion was duly moved.
All in favor, carried.
Councilman Andrews reported Bruce Erickson – Chautauqua Lake Association and Jay Bailey – New York State Parks were appointed to the Chautauqua Lake and Watershed Management Alliance Board of Directors.
Councilman Hanson reported Solar Liberty and National Grid are ready to move ahead with the projects under the NYSERDA grant funding, we are waiting on NYSERDA’s approval of the projects before we can move forward.
Supervisor Robbins moved to enter executive session at 7:35 p.m. which was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved to close the executive session and enter the regular meeting at 8:41 p.m. which was duly moved by Councilman Hanson.
Supervisor Robbins moved to adjourn the meeting at 8:42 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk