REGULAR MEETING
February 3, 2020
A regular meeting of the Town Board of the Town of Busti was held on Monday, February 3, 2020 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 Paul Gustafson
Councilman Randy Sargent
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed, Supervisor Robbins asked those present to remember the family of one of our councilmen who recently lost his mother.
Present at the meeting were: Highway Superintendent Melvin Peterson, Lakewood Busti Police Chief John Bentley, Jack Knowlton, Susan Lane, Village of Lakewood Trustee Rich Fischer, Aaron Kier, Josh Pilling, Randy and Candy Sargent, Rick Willman, Doug and Julie Brown, Jamie Gustafson, Michael Nygren, Craig Acklin, Jim Francisco, Tim Young, and Attorney Joel Seachrist.
Supervisor Robbins noted Ken Lawton had been appointed as the representative for District 10 on the Chautauqua County Legislature on January 22, 2020 and read his letter of resignation from the position of Town Councilman. Supervisor Robbins stated Mr. Lawton was a great asset to the Town of Busti Town Board and will be missed, he wished him the best in his new position.
Supervisor Robbins then stated he was recommending the appointment of Randy Sargent to the position of Town Councilman. Mr. Sargent recently retired from the position of Utility Worker/Parks Department in the Town of Busti after 22 years.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Randy Sargent be appointed to the position of Town Councilman, filling the vacancy caused with the resignation of Kenneth Lawton.
Upon roll call vote, all aye, carried.
Town Clerk Darlene H. Nygren then administered the oath of office to Councilman Randy Sargent.
Supervisor Robbins asked for anyone to heard from those present.
Jim Francisco inquired if there was any progress on the expansion of the Five Corners Water District. Supervisor Robbins noted he met with the Jamestown BPU, last Friday, on a different matter and discussed the possibility of expanding the water lines.
Rick Willman, 20-year resident on Lakeside Drive, stated he has stopped and filed a formal complaint on the neighboring properties at 2385 and 2389 Lakeside Drive, the property often has overgrown grass and is poor condition. The town’s Code Enforcement Officer had sent a letter to the current owner, who is in skilled nursing, and the lawn was mowed as a result. The CEO has stated there isn’t anything more that he can do. The houses are empty, with no electric or sewer hookup. The trees on the property are dropping limbs in the canal. Area residents paid to have the trees trimmed and to hire a trapper, as there are numerous rodents living on the property. Mr. Willman is asking for help from the Town Board to resolve the said issues. Attorney Joel Seachrist suggested the board asked CEO Swanson to issue another property maintenance violation letter. Mr. Willman, also, stated his neighbor Jeff Walsh, 2377 Lakeside Drive, is out of town but requested Mr. Willman relay his complaint regarding property located at 2370 Canal Road, just south of the Walsh’s home. This property is classified as a “Zombie” property and the state doesn’t seem to help with the property maintenance issues there.
Supervisor Robbins noted it was 7:00 p.m. and moved to open the Public Hearing, pursuant to Sections 405.13(B)(4) and Section 405.27(G) of the Town of Busti Zoning Code, on the application of Craig Acklin, 470 Orchard Road, Jamestown, New York, for a Special Use Permit allowing him to construct a 40’ x 60’stand-alone accessory building on a vacant lot at Donelson Road, which parcel is designated on the official tax map of the Town of Busti as Section 437.07, Block 1, and Lot 27. Motion was duly moved by Councilman Andrews.
All in favor, carried.
Mr. Acklin explained he was purchasing the land with the intent to construct a metal storage building that will be used to store his Recreational Vehicle and to hunt on the property. He will maintain the property according to town code. Attorney Joel Seachrist noted the Chautauqua County Division of Planning and Community Development found the proposed action would have no significant county-wide or inter-community impact and that the proposal would be a matter of local concern. The following comments were made from the county for consideration: 1. The maximum height allowed for buildings in the Conservation Agriculture District (CA) is two and a half stories ( i.e. 28 ft.). The applicant should confirm that the proposed structure would not exceed this height limit. 2. The subject parcel fronts along County Route 26. If there is no existing access to the parcel, the applicant should confirm with the County Department of Public Facilities (661-8400) that any necessary permitting is secured before creating a new access. Additionally, they encouraged the applicant to address whether any sort of driveway is planned or will be necessary to reach the accessory building. No further comments were made from those present or the Town Board.
Supervisor Robbins moved to close the public hearing at 7:07 p.m., motion was duly moved by Councilman Hanson.
All in favor, carried.
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Hanson:
WHEREAS, Craig Acklin (hereinafter, the “Applicant”) has submitted an application to construct a 40’ x 60’ stand-alone accessory building, on a parcel owned by him on Donelson Road that is designated on the Chautauqua County tax map as Section 437.07, Block 1, Lot 27, and
WHEREAS, the proposed use 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 short 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 use, and
WHEREAS, the Board has determined that the proposed use will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves Parts I and II of the Environmental Assessment Form, issues the attached Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed use, and authorizes the Supervisor to complete and sign the Environmental Assessment Form accordingly.
Upon roll call vote, all aye, carried.
TOWN OF BUSTI
SPECIAL USE PERMIT
Action of the Board:
To consider the application of Craig Acklin for a Special Use Permit to construct a 40’ x 60’ stand-alone accessory building, on a parcel owned by him on Donelson Road that is designated on the Chautauqua County tax map as Section 437.07, Block 1, Lot 27.
Resolution moved by: Councilman Hanson
Seconded by: Councilman Gustafson
WHEREAS, Craig Acklin (hereinafter, the “Applicant”) has requested a Special Use Permit authorizing him to construct a 40’ x 60’ stand-alone accessory building on a parcel owned by him on Donelson Road that is designated on the Chautauqua County tax map as Section 437.07, Block 1, Lot 27, and
WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been addressed, and a Negative Declaration has been issued after examination of the record and a public hearing, and
WHEREAS, the Town Board has considered all the facts and papers before it, and has heard those wishing to be heard at a public hearing held February 3, 2020 and finds justification to approve the application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application for the Special Use Permit to construct a stand-alone accessory building (the “Use”), be and hereby is authorized and approved subject to the conditions and requirements hereinafter set out:
1. The Applicant shall undertake the Use in accordance with application submitted to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application, the conditions of this permit, and the Town of Busti Zoning Code.
2. The terms, conditions, and requirements of this permit bind and obligate the Applicant, his successors, and assigns. This permit shall not be assigned or transferred, in whole or in part, without the prior written consent of the Town, except as otherwise herein noted.
3. Any failure or omission on the part of the Applicant to carry out any condition or requirement herein or in accordance with the terms or requirements of any statute, local law, ordinance or regulation, may be deemed a violation of the Town of Westfield Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the Applicant, may subject them to the penalties therein. Continued violations after written notice may result in revocation of this Special Use Permit.
4. THIS SPECIAL USE PERMIT SHALL BECOME EFFECTIVE AFTER THE APPLICANT APPROVES EACH AND EVERY PROVISION HEREOF AND AGREE TO BE BOUND BY ALL OF THE TERMS HEREIN CONTAINED IN CONSIDERATION OF THE GRANTING OF THIS SPECIAL USE PERMIT.
Dated: February 3, 2020
Vote: Aye Nay
Supervisor Robbins X _____
Councilman Sargent X _____
Councilman Andrews X _____
Councilman Hanson X _____
Councilman Gustafson X _____
* * * * * *
The Applicant, Craig Acklin, agrees to abide by all the terms of this Special Use Permit.
Dated: February___, 2020
_______________________________________
Craig Acklin
Supervisor Robbins resumed the public comments for “Anyone to be Heard”
Douglas Brown noted he had come to the meeting tonight to inform the board of his interest in the vacancy for Town Councilman and inquired if there would be an election for the position in the fall. Supervisor Robbins stated the appointment of Randy Sargent as Town Councilman was for one year and the position would be on the ballot in November 2020.
Town Clerk Darlene Nygren reported her office has collected $4,063,791.56 for the 2020 County Town Tax to date. She noted the lease with Schwab for the office copier was expiring in May of 2020 and she would like the boards permission to seek bids for a replacement lease or purchase of a similar machine.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, Town Clerk Nygren be authorized to seek bids for a copier like the current copier located in the Town Administration building.
Upon roll call vote, all aye, carried.
Town Clerk Nygren reported the New York State Town Clerk’s Association Annual Conference will be in Albany, New York, on April 26 – 29, 2020.
Councilman Hanson moved the following resolution, which was duly moved by Supervisor Robbins:
RESOLVED, Town Clerk Nygren be authorized to attend the 2020 New York State Town Clerks’ Association Annual Conference in Albany, NY on April 26 – 29, 2020.
Upon roll call vote, all aye, carried.
Lakewood Busti Police Chief John Bentley reported 705 incidents YTD.
Highway Superintendent Melvin Peterson reported Aaron Kier and Josh Pilling have been working at the Administration Building installing LED lighting in the Courtroom/Boardroom and the Court Office. The County DPW installed new 50 mph speed limit signs on Southwestern Drive between Hunt Road and Baker Street.
Jack Knowlton reported the Lakewood Fire Department had 94 calls in January 2020. Councilman Gustafson thanked the Fire Departments for the quick response and assistance with the emergency call at his parents’ home.
Councilman Jim Andrews reported he and Town Clerk Nygren met with Slone Melhuish Agent, Randy Graham, regarding the renewal to the NYMIR Liability Insurance Policy. Highway Superintendent Peterson reviewed and updated the inventory list; and Councilman Andrews and Supervisor Robbins reviewed the value of all town buildings and were satisfied with the insured value. The NYMIR premium and fees for 2020 is $31,562.51 which is a 2% increase from 2019, upon renewal the Town of Busti will receive a check in the amount of approximately $487 for a return.
Councilman Andrews moved the following resolution which was duly moved by Supervisor Robbins;
RESOLVED, the Town of Busti renew the liability insurance policy with NYMIR at an annual subscriber premium and fees of $31,562.51.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, to authorize the Town of Busti to participate in the Multi Municipal Records Management Application with Southern Tier West.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved Councilman Hanson:
RESOLVED, to authorize Supervisor Robbins to sign LGRMIF Grant Shared Service Agreement form and Project Institutional Authorization for Multi Municipal Records Management Grant Application.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the Chautauqua Lake Partnership received notification from Chautauqua Lake & Watershed Management Alliance, Inc. the they have been awarded a grant in the amount of $13,000 for the “Town of Busti 2020 Herbicide Treatment” project. Included in the 2020 CLP terms and conditions will be a requirement that NYS DEC pesticide (herbicide) permit(s) are received by the Town of Busti no later than June 1, 2020 and that the herbicide treatment remains in compliance with the County of Chautauqua Memorandum of Agreement (MOA).
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti accept the said grant with Chautauqua Lake Partnership as the applicant on behalf of the Town of Busti.
Upon roll call vote, all aye, carried.
The board reviewed the proposed 2020 -1 Local Law – A LOCAL LAW OPTING OUT OF THE TAX EXEMPTIONS PROVIDED BY SECTION 487 OF THE REAL PROPERTY TAX LAW.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board set a public hearing on March 2, 2020 at 7:00 p.m., at 125 Chautauqua Avenue, Lakewood, New York, regarding the adoption of Local Law No. 1 of 2020 entitled “A LOCAL LAW OPTING OUT OF THE TAX EXEMPTIONS PROVIDED BY SECTION 487 OF THE REAL PROIPERTY TAX LAW”
Upon roll call vote, all aye, carried.
Highway Superintendent Peterson noted Charter Communications (Time Warner Cable) contacted him requesting permission to be on the town’s right of way to install fiber optics underground on Creek Road for about a mile. They stated the installation would be no less than 2 feet under ditch with a 4 feet general depth. There would be 20” x 2.5’ tall pedestals for the fiber optics, Superintendent Peterson asked that the landowners be contacted as to where they would prefer the location of the pedestals. Charter Communications believes the project would be covered under the current Time Warner Franchise Agreement with the Town of Busti. They would like to start the project within three weeks.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board authorize Supervisor Robbins to sign an agreement with Charter Communications regarding the installation of underground fiber optics on Creek Road in the Town of Busti right of way, assuming the proposal is acceptable the Highway Superintendent along with the approval of legal counsel.
Upon roll call vote, all aye, carried.
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. 20 from warrant #833 to and including warrant #854 in the amount of $87,502.94 and for Abstract No. 2 from warrant #11 to and including warrant #66 in the amount of $382,188.43.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the January 6, 2020 amended Organizational meeting minutes and the January 17, 2020 Town Board Special Meeting minutes; motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Hanson inquired about the status of 5G installation fees. The definition of facility is each individual box on each pole. The approval of the fee structure will be on the agenda for March 2, 2020 Town Board meeting.
Attorney Seachrist will email the Town Board regarding Zoning Violations.
The combining of the Planning and Zoning Boards will be finalized through the updated Zoning Code presented by the Comprehensive Plan Implementation Committee. Village of Lakewood Trustee has contacted Town of Ellicott Supervisor regarding their town’s opinion with combining their boards. He has invited Supervisor Robbins and another Councilman to join in the meeting.
Attorney Seachrist will review the original agreement with the Jamestown BPU regarding the Orr Street Pump Station.
Supervisor Robbins has signed the updated BPU Water Agreement with the Towns of North Harmony and Busti.
Councilman Hanson asked Clerk Nygren to send a listing of Town of Busti property along with corresponding maps, the properties will be reviewed for the potential installation of remote solar arrays.
Highway Superintendent Peterson noted former Councilman Ken Lawton intended on reviewing the current employee benefit plan compared to the previous plans; he questioned who the replacement would be to review the plans. Supervisor Robbins and Councilman Gustafson will review the employee benefit plans.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town Board permit the supervisor to pay claims for public utilities, postage, freight and express charges before they are audited. The term “public utilities” includes electric, gas, water, sewer, and telephone services and the purchase of fuel oil. All such claims must be presented for audit at the next regular board meeting.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to adjourn the regular meeting at 7:49 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Moved by Supervisor Robbins, seconded by Councilman Hanson:
RESOLVED, that the Town of Busti Town Board met at 7:52 p.m. and completed an annual audit of accounts for the Town Clerk, Tax Collector, Court Clerk, and Town Supervisor on February 3, 2020, and found such accounts to be true and correct.
Upon roll call vote, Aye Nay
Supervisor Jesse M. Robbins X
Councilman Todd M. Hanson X
Councilman James Andrews X
Councilman Paul A. Gustafson X
Councilman Randy Sargent X
Resolution adopted.
The audit meeting adjourned at 8:34 p.m.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk