REGULAR MEETING
December 2, 2019
A regular meeting of the Town Board of the Town of Busti was held on Monday, December 2, 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 Todd Hanson
Councilman Jim Andrews
Councilman Rudy Mueller
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, Lakewood Busti Police Chief John Bentley, Code Enforcement Officer Jeff Swanson, Michael Nygren, Ray Ayers, Paul and Jamie Gustafson, Jim Francisco, and Jack Knowlton.
Town Clerk Darlene Nygren reported Chautauqua County Real Property Tax Department has decided to not outsource the printing and mailing of the 2020 tax bills. The county will print the bills again this year. The 2020 County Town Tax collection dates are January 6 – February 4, penalty free; February 5 – February 29, 1% penalty; and March 1 – April 1, 2% penalty. The bills will be mailed out from the Clerk’s office on Friday, January 3rd.
Lakewood Busti Police Chief John Bentley reported 8,345 incidents YTD and 310 since last reported. The department is preparing for the upcoming Criminal Bail Reform Legislation which takes effect January 1, 2020.
Highway Superintendent Melvin Peterson reported the department salted and sanded roads Sunday, fortunately we did not get the weather that the eastern part of the state had. The Parks Department has been busy putting up Christmas decorations. Superintendent Peterson noted a new plow has been order for the new truck. He requested the board’s approval to “bid out” for a replacement of the 2003 Red Chevy 1 Ton which was on schedule to cycle out last year and has 128,000 miles on it. The bid would be for the complete truck including the dump box.
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 a new 2019 or 2020 4WD 1 TON Regular Cab and Chassis Truck, including the dump box. The funds to purchase the vehicle will be from the 2019 Budget.
Upon roll call vote, all aye. Carried.
Superintendent Peterson noted the department has other equipment that should be upgraded. He requested the Town Board develop a Fund Balance dedicated to purchase and upgrading machinery. Attorney Joel Seachrist noted there is a “Type Fund” that can be established with board resolution and subject to Permissive Referendum for such expenses. Attorney Seachrist will forward a booklet from the Office of the State Comptroller regarding the different types of fund balance.
Code Enforcement Officer Jeff Swanson reported he attended Southern Tier West’s fall Planning and Zoning Training at JCC. He discussed the anticipated increase of installation 5G wireless cellular antennas and recommended the board consider amending the current fee schedule to include an installation fee for 5G antennas, the state limits other regulations on the installation of the 5G. CEO Swanson noted that he discovered, while researching Code Enforcement, that New York State charges a Code Enforcement Fee with all Homeowners Liability Insurance, it is his understanding that a portion of those funds are intended to be distributed to the local municipalities to assist with cost of Code Enforcement and currently this is not happening. He has spoken to Assemblyman Andy Goodell regarding the matter, who is pursuing recovering the funds for the local municipalities. Supervisor Robbins asked Attorney Seachrist to follow-up on a resolution authorizing the board to amend the current Code Enforcement fee schedule to include a fee for the installation of 5G antennas.
Supervisor Robbins asked if Attorney Seachrist had an update on the Water and Sewer District Agreement with the City of Jamestown that expires on December 13, 2019. Mr. Seachrist had spoken with Attorney Bill Wright regarding the matter and he did not have an update. Supervisor Robbins will reach out to the City of Jamestown Comptroller.
Supervisor Robbins stated he would begin to work on the Town of Busti Bi-Centennial after the first of the year.
Supervisor Robbins reported he completed the Chautauqua Lake and Watershed Management Alliance Member Survey of Municipal 2020 In-Lake Management Priorities.
Supervisor Robbins motioned to allow Southwestern Soccer Club to use the soccer fields at Loomis Park, April – October 2020 and to hang a banner naming their sponsors on the fence; the club has submitted their Certificate of Insurance. Motion was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, to authorize Code Enforcement Officer Jeff Swanson to attend Finger Lakes Building Officials Educational Conference, March 9-11, 2020 in Henrietta, NY.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted NYMIR made the following recommendations for the Town of Busti after completing their annual inspection of the Highway and the Administration Buildings.
1. Fire Safety – suggested that Master Disconnect Switches be installed on all heavy trucks and heavy equipment (not currently equipped and which not been factory installed) to disconnect all circuitry and reduce possibility of electrical fires. Operators should be required to disconnect power at the end of the workday.
2. Policies and Procedures – suggested that Town of Bust review and evaluate a drivers Motor Vehicle Record (MVR) annually or utilizes a monitoring service such as the NYS LENS (License Event Notification Service) for the purpose of ensuring that the driver has a valid drivers license or CDL and exhibits a safe driving record.
Superintendent Peterson will follow-up with the recommendations.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 17 from warrant #709 to and including warrant #745 in the amount of $215,058.56.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the November 18, 2019 Regular Town Board meeting minutes; motion was duly moved.
All in favor, carried.
Councilman Hanson inquired about the easement on the corner of Shadyside and Baker Street where the BPU pump station is located. He proposed installing a small remote solar array to offset the cost of electricity. Superintendent Peterson will look in the files for any information of the easement.
Supervisor Robbins moved to adjourn the meeting at 7:12 p.m. which was duly moved by Councilman Lawton.
All in favor, carried.
Respectfully Submitted,
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Darlene H. Nygren, Town Clerk