REGULAR MEETING
June 1, 2020
A regular meeting of the Town Board of the Town of Busti was held on Monday, June 1, 2020 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York and via HD meeting video or tele conference, with the following members present:
Supervisor Jesse M. Robbins
Councilman Todd Hanson
Councilman Jim Andrews
Councilman Paul Gustafson – via video
Councilman Randy Sargent
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, Attorney Joel Seachrist, and Craig Rodgers; Doug Brown, Drew Tracy, Tara Cotter, Bruce Kidder, Diane and Ang Terrano, and Post Journal reporter Jay Young (via video or tele conference).
All present practiced social distancing as advised under NYS PAUSE directive.
Town Clerk Darlene Nygren reported she attended an Office of the State Comptroller webinar on the “Fiscal Responsibilities of the Town Clerk”; her office will be mailing the Transfer Station access applications out this week with instructions to either submit the completed application with payment by mail or in the drop box located at the Clerk’s office. New York State Town Clerks Association has sent a notification that the State Archives is revising and consolidating its local government records retention and disposition schedules. The new schedule will supersede the current one and must be adopted by a Town Board resolution. The new schedule takes effect August 1, 2020 but has not been distributed to the local municipalities at this time.
Superintendent Melvin Peterson reported the Highway Department has been ditching and roadside mowing; they have finished grinding the brush. He noted a highway employee has been diagnosed with vertigo and is not driving but is assisting with mowing for the Parks Department. The Parks Department has assessed the park equipment to see what needs to be replaced. They are proposing to reconfigure the two ball fields into one and installing a new backstop on the new field. Superintendent Peterson noted the “Hamlet” signs are in bad condition and should be replaced. New York State Highway School was canceled due to the COVID pandemic however the Association of Towns will be holding webinars for the Highway Superintendents. The first webinar topic was CHIPS, Governor Cuomo has put a freeze on those funds until possibly June 15th. The CHIPS funds are used for road maintenance, which the town roads need repaired with patching and stone/oil is going to be the cheapest method. Discussion followed.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Highway Department be authorized to use up to $40,000 from the 2020 Highway Budget to be used towards the necessary road maintenance.
Upon roll call vote, all aye, carried.
Superintendent Peterson noted the town parks have remained open for individual use, no large groups or team sports. Currently the restrooms at Lawson Park have been open however he received notice stating any open public restroom is required to be cleaned and sanitized multiple times throughout the day. That would be virtually impossible for the town to do, he is recommending that the restrooms be closed until further notice. Town Clerk Nygren will create laminated signs to post on the facilities.
Supervisor Robbins noted there is a tree at Lawson Park near the creek that needs attention. Superintendent Peterson noted he is aware of the issue, tried to correct the situation but will have to place large boulders there to fix it.
Supervisor Robbins reminded the board and Superintendent Peterson of the need to install a sluice pipe and gravel at the Bentley Cemetery, there is about $5,000 that has been budgeted for the project. Also, the stumps in the cemetery need to ground out, Supervisor Robbins has a name of a person who can do the job, Al Delong, and gave his contact information to Superintendent Peterson.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Highway Department be authorized to purchase and install a sluice pipe and catch basin for Bentley Cemetery.
Upon roll call vote, all aye, carried.
Craig Rodgers III presented his Disc Golf Course Proposal Plan to be installed at Lawson Park. The proposal is for a 9-hole course with grass tees, map was provided. It has the potential of bringing in revenue with tournaments and leagues. The town would be responsible to do all mowing and repair or replace any vandalized equipment. The holes would be a PVC pipe installed on a post known as a “tone pole”. The proposed cost of equipment is $200, and he is hoping that there would be no cost to the town. Supervisor Robbins noted that he will contact a business that may be willing to donate the necessary equipment.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti accept the proposal from Craig Rodgers III to install a 9-hole Disc Golf Course at Lawson park as presented and upon verification that the Town’s liability insurance will cover the course. Funding for the equipment and installation cost will not be the town’s responsibility and should be found elsewhere.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the City of Jamestown has interviewed three candidates for the Assessor position and have two more scheduled for this week. They asked him to be part of the interview process and hope to have chosen the replacement for Kevin Okerlund within a week.
Supervisor Robbins noted the debris blockage at Vukote Canal has been cleaned out; he thanked Superintendent Peterson and the Highway Employees, the Town of Chautauqua, and Chautauqua Lake and Watershed Management Alliance for their assistance with the project. The Alliance paid any cost for the project.
Supervisor Robbins stated the town is at risk of losing $60,000 – $70,000 in sales tax due to the COVID pandemic; half of the money received is designated to the Highway Department and the other half is designated to assist with the cost of the agreement with the Village of Lakewood to provide police protection.
Supervisor Robbins noted the 2020 Budget included $30,000 to be used for lake maintenance and will receive a grant of $13,000 from Chautauqua Lake and Watershed Management Alliance. The town has received an Herbicide Treatment contract from Solitude Lake Management, with $3,725 due immediately for Project Coordination, Mapping, and Herbicide Residue Monitoring.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Supervisor Robbins be authorized to sign the Herbicide Treatment Contract with Solitude Lake Management and pay $3,725 for Project Coordination, Mapping, and Herbicide Residue Monitoring.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town has received an application for large-scale solar system for property that includes both the Conservation Agricultural (CA) and Conservation Residential (CR) zoning districts. The current law permits such systems to be installed in the CA District but not CR. The town board has discussed the matter but has not come to an agreement about expanded the allowed areas to include CR. Discussion followed. Attorney Joel Seachrist suggested the town board establish a short-term moratorium on all solar projects to give them time to decide on expanding the allowed districts for solar systems. Supervisor Robbins suggested the board establish a committee to develop a recommendation for the expansion of the districts where Solar Systems will be allowed, he recommends Councilman Hanson, Councilman Sargent, and Code Enforcement Officer Swanson be on the committee.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Sargent:
RESOLVED, the Town of Busti Town Board set a public hearing to be held on June 22, 2020 at 7:00 p.m. to establish Local Law No. 2 of 2020 entitled “A Local Law Enacting a Moratorium on Commercial Solar Energy Facilities.” The proposed law would adopt a moratorium on the consideration of any Commercial Solar Energy Facility by the Town until August 31, 2020, while the Town amends the existing land use regulations for such facilities.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated the Chautauqua Watershed has proposed a swale project involving property owned by the Town of Busti, located north of Grandview Development. The Village of Lakewood would be the lead agency for the proposed project, which should help resolve recent flooding issues the Village has had on Fairmount Avenue.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti donate the said property to the Village of Lakewood as part of the proposed swale project.
Upon roll call vote, all aye, carried.
Eagle Scout candidate, Drew Tracy, stated he has narrowed down his proposed Eagle Scout projects to include replacing the infant swings, expanding and remulching the smaller playground, and repainting playground equipment. The projects would be funded from sources elsewhere, not the Town of Busti. He will coordinate his projects with Highway Superintendent Melvin Peterson.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board accept the Eagle Scout projects as presented by Candidate Drew Tracy.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated people have inquired about who is responsible for mowing the dormant cemeteries. Highway Superintendent Peterson stated the Parks Department usually mows the cemeteries.
Supervisor Robbins noted the town has received a building permit application to construct a Farmer’s Market/Produce Stand at 4374 Fairmount Avenue. Currently the location is in the Conservation Residential (CR) District and the proposed business is not a permitted use. However, there are two businesses located on either side of the property that operate under Special Use Permits; the strip of property located across from that area is in the Highway-Commercial District (HC). Discussion followed. The consensus of the board was to expand the Highway-Commercial District which would permit all three businesses in the said block to operate without a special use permit.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Sargent:
RESOLVED, the Town of Busti Town Board set a public hearing to be held on June 22, 2020 at 7:15 p.m. to establish Local Law No. 1 of 2020 entitled “A Local Law Expanding the Highway-Commercial District.” The proposed law would expand the Highway-Commercial District to the north side and 100’ back from Fairmount Avenue, running from Summit Avenue to the Village of Lakewood Line. The law would also permit grocery stores and similar retail outlets within the Highway-Commercial District.
Upon roll call vote, all aye, carried.
In the case that Local Law No. 1 of 2020 is approved, the applicant will need to apply for an Area Variance due to the required setbacks.
Supervisor Robbins stated he has received complaints from residents on S. Main Street that vehicles are speeding in the area. Lakewood Busti Police Department has been informed of the complaint and monitoring the situation.
The was discussion regarding reopening the Town Administration offices when permitted. The board asked Town Clerk Nygren to contact Jamestown Glass regarding the installation of glass to enclose the windows in her office. They recommended she begin working on a reopening plan, using the other businesses example. Town Clerk Nygren will also use the template on ForwardNY.com.
The town has received calls from residents regarding the increase of bears in the area. Residents should contact DEC if a bear is being a nuisance and to be sure that bird feeders are not available for bears to feed on.
Supervisor Robbins stated Jack Knowlton is concerned with the retention pond located at his property. The pond is beginning fill in and cat tails are growing. Highway Superintendent Peterson will have the department clean the pond out.
The town has received a request from Chautauqua Lake Association for continued support, the request was tabled.
There was discussion regarding the Comprehensive Plan and the status of updating the Zoning Code, Councilman Hanson suggested the Implementation Committee set a deadline to have their review complete.
Supervisor Robbins noted an individual contacted him regarding purchasing town owned property located on the westside of 6th Avenue in Cottage Park. He would like clarification if the property is in the Dale Robbins Wetlands. Code Enforcement Officer Swanson will look at the maps and get back to him.
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. 6 from warrant #263 to and including warrant #311 in the amount of $117,380.35.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the May 4, 2020 Regular Town Board minutes; motion was duly moved by Councilman Gustafson.
All in favor, carried.
Supervisor Robbins moved to adjourn the regular meeting at 8:12 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
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Darlene H. Nygren, Town Clerk