REGULAR MEETING
August 19, 2019
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 19, 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:
Deputy Town Supervisor/Councilman Todd Hanson
Councilman Jim Andrews
Councilman Rudy Mueller
Councilman Kenneth Lawton
Absent: Supervisor Jesse M. Robbins
Deputy Town Supervisor/Councilman Hanson 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, Highway Superintendent Melvin Peterson, Chautauqua County Legislator PJ Wendel, Busti Fire Department Chief Matt Stafford, Randall Perry – Chautauqua Lake and Watershed Management Alliance, John Jablonski – Chautauqua Watershed Conservancy, Paul and Jamie Gustafson, Ray Ayers, Judy & Bob Schultz, Joseph L. McCooey, and John Yaggie.
Bob Schultz noted the Town of Busti Bi-Centennial is in 2023 and he encouraged the town councilman to set up a Bi-Centennial committee soon.
Jospeh McCooey owns property in Goose Creek, he had brought his camper to the property for the summer season; Enforcement Officer Swanson informed Mr. McCooey that, according to the Town of Busti Zoning Code, the unit was not permitted on his lot and had to be moved. CEO Swanson suggested he submit a “Use Variance” application to the Town Clerk’s office, he explained for a “Use Variance” to be granted it must meet certain criteria. Mr. McCooey asked the board if they would be able to permit the camper to be on his property. Councilman Hanson explained it was out of the control of the Town Board.
Town Clerk Darlene Nygren reported the Dog Census continues; 324 unlicensed dogs have been reported of which 108 have been licensed.
Chief John Bentley reported 5,824 incidents ytd and 303 since his last report. The department will participate in a Pennsylvania State Police Active Shooter Drill tomorrow, August 20th, at Eisenhower High School. Chief Bentley stated the department will be hiring additional part-time officers, the Court Officer will be one of their responsibilities.
Highway Superintendent Melvin Peterson reported the department has been blacktopping on the West end of Nutt Road; National Grid will be taking two trees down on Shadyside and Lawson Roads that have been an issue for some time; the contractor is scheduled to start work on the Cold Storage roof tomorrow, August 20th.
Busti Fire Chief Matt Stafford reported 29 – EMS; 3 – Fires; 4 – MVA; and 1 – service call since the July 17th board meeting and 243 incidents year to date. The department is also participating in the Pennsylvania State Police Active Shooter Drill; they were awarded a $1,500 grant which is a matching grant, the department will receive $3,000 that will used to purchase light weight fire gear and a fire nozzle.
Councilman Andrews moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the appointment of Sonya Montemayor as Deputy Court Clerk with a start date of August 26, 2019.
Upon roll call vote, all aye, carried.
Councilman Hanson noted Deputy Court Clerk Nancy Jordan submitted a letter stating her retirement date will be October 4, 2019.
Randall Perry, Chautauqua Lake and Watershed Management Alliance, noted the State Contract for the Town of Busti NYSDEC WQIP, Lakewood & Busti Precision Swale Retrofits was step one of the grant processes. The next step is to approve two subcontracts: 1. Town-Alliance Subcontract for Local Match: Signing will allow the Town to receive the Alliance’s share of local match ($22,906).2. Town-Alliance Subcontract for Alliance services: The scope and not-to-exceed budget ($11,903) is consistent with the grant application and information submitted to DEC and contained in the State Assistance Contract. The costs for these services are built into the overall grant budget.
Councilman Mueller moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, Supervisor Robbins be authorized to sign the following subcontracts for the Town of Busti NYSDEC WQIP and Lakewood & Busti Precision Swale Retrofits grant: 1. Town-Alliance Subcontract for Local Match, Contract #19-03-28a and 2. Town-Alliance Subcontract for Alliance services, Contract #19-03-28b.
Upon roll call vote,
Aye Nay Abstain
Councilman Mueller X
Councilman Andrews X
Councilman Hanson X
Councilman Lawton X
Carried
Councilman Mueller moved the following resolution, which was duly moved by Councilman Andrews:
RESOLVED, authorize Planning Board and Zoning Board of Appeals members, Deputy Clerk, and Code Enforcement Officer to attend Southern Tier West Fall Planning & Zoning Board Training – Oct 8, Nov. 6 or Nov 7
Upon roll call vote, all aye, carried.
Councilman Lawton moved the following resolution, which was duly moved by Councilman Andrews:
RESOLVED, to amend funds received as revenue for any of the Cemetery Funds to be allocated as 95% to maintenance and 5% to perpetual.
Upon roll call vote, all aye, carried.
Councilman Mueller moved the Town Board begin working on a Town of Busti Bi-Centennial celebration for 2023, duly moved by Councilman Andrews.
All in favor, carried.
John Jablonski, Chautauqua Watershed Conservancy, remarked on the recent flooding on Fairmount Avenue near the railroad viaduct. The Conservancy has been working with Andy Johnson, ECO Strategies, to identify the source of the flooding issue as well as a solution. Mr. Jablonski distributed a packet of maps, photos, and proposed solutions from ECO Strategies. He noted the Town of Busti had been deeded a 3-acre parcel, from the Grandview developer, to be used for a stormwater retention pond if needed, which has never been constructed. The Conservancy and ECO Strategies are proposing a three-way swap of property between the Town of Busti, the Village of Lakewood, and the developer; and creating a series of stormwater ponds on property acquired by the Village of Lakewood. The Conservancy is proposing to submit an RFA for 2019-20 Chautauqua Lake and Watershed Local Funding Consideration to assist with the cost of their proposal. They are asking the Town Board for support of the project and matching funds to be used towards the cost of the project; the estimated cost of the project is $40,000 – $60,000.
Councilman Hanson noted it was 7:15 p.m. and moved to open a Public Hearing pursuant Local Law 2 for the year 2019 “Exemption Eligible Facilities Request from Special Use Permit Requirements”. Motion was duly moved by Councilman Lawton.
All in favor, carried.
Proof of publication was placed on file.
Councilman Hanson reviewed the proposed local law.
No one from the public commented on the proposed law.
Councilman Hanson noted it was 7:17 p.m. and moved to close the public hearing, duly moved by Councilman Lawton.
All in favor, carried.
Resolution to adopt Town of Busti
Local Law No. 2 for the Year 2019
EXEMPTION ELIGIBLE FACILITIES REQUEST FROM SPECIAL USE PERMIT REQUIREMENTS
Moved by Councilman Hanson, Seconded by Councilman Andrews:
Be it enacted by the Town of Board of the Town of Busti, County of Chautauqua, and State of New York, as follows:
SECTION 1. EXEMPTION FOR “ELIGIBLE FACILITES REQUESTS”
A new Section 405-28(H)(2)(d) is hereby added to the Town of Busti Zoning Code, which shall provide as follows:
(d) These regulations shall not apply to modifications to existing telecommunications facilities determined by the Code Enforcement Officer to be “Eligible Facility Requests”, as set forth in 47 C.F.R. Section 1.40001(b)(3), as that section may be amended from time to time; provided, however, that applicants for such modifications shall obtain a non- discretionary zoning permit from the Code Enforcement Officer.
SECTION 2. VALIDITY AND SEVERABILITY
If any part or provision of this Local Law shall be declared invalid, void, unconstitutional or unenforceable by a court of law, all unaffected provisions hereof shall survive such declaration and this Local Law shall remain in full force and effect as if the invalidated portion had not been enacted.
SECTION 3. EFFECTIVE DATE
This Local Law shall take effect immediately upon it being filed in the office of the Secretary of State.
Upon roll call vote, all aye, carried.
Councilman Hanson referred to John Jablonski regarding the stormwater issue resolution and the proposed property swap. Mr. Jablonski stated they would be consulting with the Alliance about the amount and availability of grant funds available and ideally would like to see the project complete in 2020. If it the funding is not available through the Alliance, the Conservancy would seek other funding sources within the county. Councilman Andrews stated he believed the project would help with the Fairmount Avenue flooding issue. Councilman Lawton asked for clarification of the location of the property currently owned by the town and what the trade would involve. Mr. Jablonski stated the town property is located along the railroad and would not be developable. Councilman Mueller asked for clarification on the cost; Mr. Jablonski replied it would cost between $40,000 – $70,000. Councilman Hanson inquired about the ability of the proposed pond being able to handle the amount of water that has caused the flooding. Legislator Wendel asked about the fenced in pond near the flooding sight, Mr. Jablonski stated that is located on Brook Street Brook and owned by the Village of Lakewood; Deputy Mayor McCague has contacted the state that is supposedly looking at similar sights like that, in hopes of redesigning the pond to divert the water properly. The two sights are not connected.
Councilman Hanson moved the following resolution which was duly moved by Councilman Mueller: RESOLVED, the Town of Busti allow Chautauqua Watershed Conservancy, in collaboration with the
Village of Lakewood and on the town’s behalf, to submit a grant application for the proposed Stormwater Improvement Project.
Councilman Lawton stated he was in favor of the project but had a concern regarding the trading of property; he would like to know what was the original intent of the town acquiring the 3 acres from the developer; and asked for clarification as to what the exact tradeoff between the three parties would be. Mr. Jablonski stated the real estate transactions would be done under the advice of legal counsel to ensure that it was done according to law. Discussion followed. Councilman Hanson stated, in his opinion, the town would need to investigate what the original agreement with the developer was and if the new real estate transaction allowed him to make future development, which in that case there should be some cost shared with the developer.
Councilman Hanson called for a roll call vote.
Upon roll call, all aye, carried.
Councilman Hanson noted the Busti Historical Society has requested the following for the Apple Harvest Festival to be held on Sunday, September 29, 2019.
1. Close Lawson Road between Busti Sugar Grove Rd and Mille Rd between the hours of 5:30 am & 6:00 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 to take the days proceeds to their lock box at the end of the Festival day.
Councilman Hanson motioned to grant the preceding requests from the Busti Historical Society, motion was duly moved by Councilman Lawton.
All in favor, carried.
Councilman Andrew moved the following resolution which was duly moved by Councilman Lawton:
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 #489 to and including warrant #511 in the amount of $45,883.24.
Upon roll call vote, all aye, carried.
Councilman Lawton motioned to authorize Supervisor Robbins to meet with the Fire Department Directors to begin discussion on the Town of Busti Bi-Centennial in 2023, motion was duly moved by Councilman Hanson.
All in favor, carried.
Councilman Mueller motioned to accept the August 5, 2019 Regular Town Board meeting minutes; motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Hanson moved at 7:34 p.m. the board enter Executive Session to discuss an employee matter; motion was duly moved by Councilman Lawton.
All in favor, carried.
Councilman Hanson moved at 7:40 p.m. to close Executive Session and enter Regular Session, noting no motion or official action was made in Executive Session; motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Hanson moved to adjourn the meeting at 7:41 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk