REGULAR MEETING
April 1, 2019
A regular meeting of the Town Board of the Town of Busti was held on Monday, April 1, 2019 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: LBPD Chief John Bentley, Code Enforcement Officer Jeff Swanson, Attorney Joel Seachrist, Terry Turner – Chautauqua Lake Association, PJ Wendel – Chautauqua County Legislator, Steve Carlson, John Francisco, M Beth Moss – Dog Control Officer, and Post Journal Reporter – Eric Zavinski.
John Francisco, retired Town Highway employee, commented on the ongoing Town Board discussion regarding employee benefits. He noted the town employees are not part of any bargaining unit and although the employees receive New York State retirement, there are no long-term incentives from the town. There are other area municipalities that allow retired employees to apply unused accumulated sick days to be used towards or to purchase health insurance after retirement.
Terry Turner, Chautauqua Lake Association Past President, distributed packets including 2018 CLA Lake Management Summary and Service Programs. She noted the public can see where CLA crews are working and the information is updated weekly.
Town Clerk Darlene Nygren reported today was the last day of 2019 County Town tax collection at her office. All future payments will have to be made at Chautauqua County Tax Department. The total tax collected to date is $6,072,078.08; payments postmarked April 1, 2019 and prior will be accepted with the 2% penalty. Clerk Nygren was contacted by Jamestown BPU regarding a water hook-up at 4515 Gleason Road. There is currently a 1 1/2” tap but the company needs to increase that to a 4” tap. BPU was inqiring if there would be a tap fee through the town. Clerk Nygren noted the charge for a new tap would be $7,000 and asked the board what the company should be charged. Discussion followed.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti upgrade water tap hook-up fee for property located at 4515 Gleason Road should be equal to the amount City of Jamestown Board of Public Utilities charges the Town.
Upon roll call vote, all aye, carried.
Town Clerk Nygren reported she had been contacted by a Chautauqua Avenue merchant inquiring about merchants and employees parking in the Administration Office parking lot, as suggested by the newly formed Chautauqua Avenue Merchant Group. Discussion followed. The consensus was for Clerk Nygren to contact the Merchant Group advising them they can utilize the Administration Office Parking lot, preferably parking along the street side and leaving the building front along with three parking spots along the wall on the north side for use of town and court business.
Chief John Bentley reported the department has handled 2,340 incidents ytd and 663 since his last report to the town board, including a serious accident on Fairmount Avenue in front of Fifties Grill on Friday evening, March 29th. Chief Bentley reported a new Canine vehicle has been ordered.
Code Enforcement Officer Jeff Swanson distributed copies of the Town of Busti sign regulations, noting he has received multiple verbal complaints regarding advertising signs that are being posted on the utility poles in the rural areas of the town. Discussion followed. Attorney Seachrist noted residents can remove the signs on their own property. The board recommended CEO Swanson call the phone number on the signs requiring the signs be removed immediately or face a $250 fee per sign for non-compliance. CEO Swanson noted the back steps were repaired last week by Highway employee, Randy Milks. Also, there are new International Code books published, the cost to purchase the books is $1,000.
Councilman Mueller would like to get an estimate for the installation of a window well and outside stairway to the basement of 125 Chautauqua Avenue, no further discussion.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the following be authorized to attend Southern Tier West’s Annual Local Government Conference at Houghton College on May 9, 2019: Town Board members, Town Clerk and Deputy Clerk, Highway Superintendent, Code Enforcement Officer, and Planning & Zoning Board members.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted he and the bookkeeper, for the town, have reviewed the Transfer Station account for 2018-19 and are suggesting the 2019-20 Transfer Station Sticker fee remain at $90.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, the 2019-20 Transfer Station Sticker fee be $90 for the first vehicle and $25 for a second vehicle or replacement sticker without the original sticker returned. The fee for a replacement sticker with any portion of the original sticker returned is $2.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, Tim Young be reappointed as Chairman of the Zoning Board of Appeals and Douglas Hooper as Zoning Board of Appeals member, effective April 1, 2019 for a five-year term.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted Dog Control Officer Beth Moss would like to begin a Dog Enumeration in May 2019.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Dog Control Officer Beth Moss be authorized to begin a Dog Enumeration in May 2019, she will be paid via voucher at a rate of $2 per dog and for her mileage at the set rate of .57 per mile.
Upon roll call vote, all aye, carried.
The following reports have been filed and are available for review in the office of the Town Clerk:
– Town of Busti 2018 Annual Update Document
– Lakewood Fire Department – Annual Report 2018
Steve Carlson made the following suggestions regarding Chautauqua Lake Weed Management;
1. Stop any fertilizing in the watershed
2. Reduce ditch run-off in the watershed
3. Eliminate using tax money for lake maintenance
Russell Johnson approached the board regarding operating business out of an enclosed trailer in the parking lot at 4461 W. Fairmount Avenue, to make and sell canvas boat covers; he would be sewing the canvas covers in a 22’ trailer. After reviewing Zoning Code 405-19 A HC-Highway Commercial District, Attorney Seachrist noted that the issue is not the type of business but rather with the use of a trailer. After discussion it was recommended Mr. Johnson ask the property owner if he could operate his business out of the existing building. The subject was tabled for future discussion.
Supervisor Robbins noted the owners of Pumpkintown had contacted him regarding amending their Special Use Permit to allow business on Fridays, to allow schools to visit the business. The board ask to have an official request to amend the Special Use Permit submitted for their review.
Chautauqua Lake and Watershed Management Alliance nominations is tabled until the May 6, 2019 meeting.
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. 4 from warrant #126 to and including warrant #191 in the amount of $197,074.90.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the March 4, 2019 Regular Town Board meeting and March 21, 2019 Special Town Board meeting minutes; motion was duly moved.
All in favor, carried.
Councilman Hanson reported, with the break in weather, work will begin on the Loomis Park restrooms.
The board entered Attorney-Client consultation at 7:43 p.m.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk
Supervisor Robbins moved to reenter the regular meeting which was duly moved by Councilman Hanson
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town Board authorizes Supervisor Jesse Robbins to sign the Memorandum of Agreement (MOA) for the Chautauqua Lake Weed Management Consensus Strategy.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to adjourn the meeting which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
_________________________________
Todd M. Hanson,
Councilman/Deputy Town Supervisor