REGULAR MEETING (Draft)
July 20, 2020
A regular meeting of the Town Board of the Town of Busti was held on Monday, July 20, 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
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, Randall Perry – Chautauqua Alliance, Andy Johnson – Eco Strategies, Tom & Becky Danielson, Sheridan (Bud) Cobb, Kelly Snow – Windstream, Jim Francisco, William Sharples, and Ben Marthia. Taylor West – Chautauqua Alliance, Aaron Kier, Diane & Ang Terrano, and Doug Brown attended meeting via HD meeting video or tele conference.
All present practiced social distancing as advised under NYS FORWARD directive.
Bud Cobb, W. Summit resident, stated the recent rain has caused flooding in the Ice Cream Schack’s parking lot. he is concerned that the excavating for the Farmer’s Market next door is causing the flooding and asked what will be done to correct the situation. Supervisor Robbins noted the Planning Board had reviewed the site plan for the Farmer’s Market which included a slope that will slope towards the road to direct the water to the drain in the road.
Town Clerk Darlene Nygren reported the New York State Town Clerk’s Conference has been canceled for this year due to the COVID – 19 pandemic. The association offer online training at a later date. The town clerk’s office is open to the public following the NYS Forward directives. The lobby occupancy is limited to two people at a time and everyone is asked to wear a mask while in the building, with signage posted. There have been 740 transfer station stickers sold to date.
Superintendent Melvin Peterson reported some municipalities have received their CHIPS funding; reimbursements are given after a municipality has completed a paving project and submitted documentation of the cost. The highway department plans to nova chip Garifeld Road from Forest Avenue to Orr Street on Thursday and will be helping Kiantone pave on Friday. The town’s roller is being used in North Harmony under Shared Services. He asked the board to consider releasing additional funds to allow the department to continue working on the roads; they are scheduled to stone and oil on August 1st. They will be working on S. Main Street, Shadyside Road, and Coleman Road. He is requesting to authorized to spend $100,000 for stone and oil which will cover approximately 4 miles.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Highway Superintendent Peterson be authorized to use an additional $100,000 from the Highway Budget; the funds will be used to stone and oil approximately 4 miles of road.
Upon roll call vote, all aye, carried.
Superintendent Peterson noted he received three bids for the removal of five stumps located at Bentley Cemetery:
Great Lakes – $500
Petes – $300
Maple Springs – $1,000
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, to award the bid to Petes, in the amount of $300, to remove five stumps located at Bentley Cemetery.
Upon roll call vote, all aye, carried.
Superintendent Peterson requested to meet with the board in an Executive Session to discuss an employee matter.
Supervisor Robbins noted it was 7:00 p.m. and moved to open a Public Hearing to consider the application of William Sharples for a Special Use Permit to construct a stand-along accessory building on a parcel owned by him on Big Tree Road that is designated on the Chautauqua County tax map as Section 419.00, Block 1, Lot 24
Motion was duly moved by Councilman Andrews.
All in favor, carried.
Proof of publication was placed on file.
Mr. Sharples explained the proposed building will be a 12’ x 24’ barn style shed with a skid foundation, windows, and a barn door. It will be used to store recreation equipment. He will be working with a DEC agent to develop a land plan. He would like to park a camper at the road when he is in town and will not keep it there permanently. Councilman Hanson stated there should no outdoor storage. No other person in attendance commented on the application.
Supervisor Robbins moved to close the public hearing at 7:05 p.m., which was duly moved by Councilman Andrews.
Discussion followed regarding sanitation, proper drainage, and a set period of time the camper could be parked on the premises; the board agreed the camper could be there for two weeks periodically.
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Hanson:
WHEREAS, William Sharples (hereinafter, the “Applicant”) has submitted an application to construct a stand-alone accessory building on a parcel owned by him on Big Tree Road that is designated on the Chautauqua County tax map as Section 419.00, Block 1, Lot 24, 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 William Sharples for a Special Use Permit to construct a stand-along accessory building on a parcel owned by him on Big Tree Road that is designated on the Chautauqua County tax map as Section 419.00, Block 1, Lot 24.
Resolution moved by: Supervisor Robbins
Seconded by: Councilman Andrews
WHEREAS, William Sharples (hereinafter, the “Applicant”) has requested a Special Use Permit authorizing him to construct a stand-alone accessory building on a parcel owned by him on Big Tree Road that is designated on the Chautauqua County tax map as Section 419.00, Block 1, Lot 24, 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 application was referred to the Chautauqua County Planning Department pursuant to Section 239-m of the General Municipal Law and the Department advised by letter dated June 29, 2020, that the matter was of local concern, 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 July 20, 2020 and finds justification to approve the application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application to renew 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:
- 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.
- 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.
- 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 Busti 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.
- 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: July 20, 2020
Vote: Aye Nay
Supervisor Jesse M. Robbins X _____
Councilman Randy Sargent X _____
Councilman Jim Andrews X _____
Councilman Todd Hanson X _____
Councilman Paul Gustafson X _____
* * * * * *
The Applicant, William Sharples, agrees to abide by all the terms of this Special Use Permit.
Dated: July 20, 2020
_______________________________________
William Sharples
Code Enforcement Officer, Jeff Swanson, reported he has been working with several “building without a permit” situations. He has been busy issuing building permits and the Comprehensive Plan Implementation Team is scheduled to meet tomorrow evening.
Supervisor Robbins noted the Town Board had received correspondence from W. Summit residents requesting to limit the permitted uses for the Highway Commercial Zoning District, as well as requesting the board review and amend the procedure for changing a zoning district within the town. The request to limit the permitted uses will be referred to the Comprehensive Plan Implementation team for their review.
Supervisor Robbins noted Solitude Lake Management completed the 2020 Herbicide Treatment on June 29th , treating 80+ acres, as approved by NYS DEC, and collected water samples on July 6th. The Chautauqua Lake & Watershed Management Alliance will pay total cost of the project through a grant. The board received letters from lakefront residents: Michael & Janet Brown and Cathy & David Koebelin, thanking the town for the application of the herbicides also stating the treatments have been effective in reducing the invasive weeds.
Supervisor Robbins noted the Town Board had received multiple letters from resident Kim Greyber regarding the proposed Solar Project located at S. Main Street and Garfield Roads. The letters will be reviewed with the committee that was appointed to review the current solar law, who will be meeting soon.
Randall Perry, Chautauqua Lake and Watershed Management Alliance, and Andy Johnson, Eco Strategies, updated the board on the Lakewood Busti Precision Swales Retrofits WQIP. Drafts of the final design were distributed to the board for their review, there are no changes to the site locations. The project will not involve opening any closed ditches. Two sites will encroach on private land, they are located at Lakewood Methodist Church and Davidson’s Restaurant. All other sites are within Town of Busti or Village of Lakewood right-of-way. The cost estimate remains within the approved budget. Letters with the site locations will be mailed to property owners within the site locations informing them of the proposed roadside drainage improvement and to request permission to access the improvement area where equipment or personnel are unable to work from the road edge.
Mr. Perry noted the project has been categorized as a Type II Action under SEQR and therefor not subject to environmental review. Attorney Joel Seachrist reviewed why the project was categorized a Type II Action under SEQR, he recommended the board pass a resolution to document the finding.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Sargent:
RESOLUTION
SEQR Type II Action Determination by the Town of Busti for the Village of Lakewood & Town of Busti Precision Swale Stormwater Retrofits Project
WHEREAS, as a condition of receiving funding through the New York State Department of Environmental Conservation (NYS DEC) Water Quality Improvement Project (WQIP) grant program, the Town of Busti shall evaluate and declare its findings or determinations regarding the proposed Village of Lakewood & Town of Busti Precision Swale Stormwater Retrofits Project under the New York State Environmental Quality Review (SEQR) Act; and
WHEREAS, 6 NYCRR Section 617.5 (Title 6 of the New York Code of Rules and Regulations) under the State Environmental Quality Review (SEQR) Act provides that certain actions identified in subdivision (c) of that section are not subject to environmental review under the Environmental Conservation Law; therefore, be it
RESOLVED that the Town Board of the Town of Busti, in the County of Chautauqua, hereby determines that the proposed Village of Lakewood & Town of Busti Precision Swale Stormwater Retrofits Project, which constitutes the retrofit of existing roadside swales with green infrastructure and/or the stabilization of existing roadside swales via rehabilitation, replacement, or reconstruction on the same site, is a Type II action in accordance with 6 NYCRR Section 617.5(c)(2&3) and is therefore not subject to review under 6 NYCRR Part 617.
Upon roll call vote, all aye, carried.
Windstream Sales Solution Specialist, Kelly Snow, stated the Town’s existing system has no room for growth and the current dedicated line agreement will expire in October 2020. Ms. Snow met virtually with Councilman Hanson, Councilman Gustafson, and Town Clerk Nygren to view Windstream’s “OfficeSuite” which is 100% cloud based. The system includes limitless access per phone, allows for HD Meeting, voice mail to email, MyOfficeSuite desktop, mobile apps, and many other features. The cost per month for the current system is $504.93, which not be expanded; the proposed cost for the “OfficeSuite” is $505 with a 5-year contract. Councilman Hanson inquired about the cost to include the Highway Department phone and internet; Ms. Snow estimated the addition would cost $30 more per month. She will update the proposal to include the Highway Department and submit a new proposal to the board.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti accept the proposal to change the current phone and internet system at the Town Administration office to “OfficeSuite” at a cost of $505 per month with a 5-year contract. Also, to include the Highway Department phone and internet system in the proposal if the added cost is less than the cost for the current system.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the Town of Busti is proposing the Assessor and her department conduct a reassessment of property to bring the assessed value up to the assessed market value, which is currently at 96.2% of the assessed market value. The reassessment requires the town to enter an agreement with NYS Department of Taxation and Finance.
Councilman Andrews moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board authorize Supervisor Robbins to sign the 2020 Reassessment Agreement with NYS Department of Taxation and Finance.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town had received correspondence from Vantage Point regarding a proposed fiber optic cable construction in the Chautauqua serving area for Armstrong Telephone Company. Highway Superintendent Peterson had reviewed the correspondence and the included overall route map and determined the project does not involve town roads or right of ways. Attorney Seachrist stated there was no need to sign the acknowledgement as the project does not involve the Town of Busti roads or right of ways.
Attorney Joel Seachrist recommended the board establish a local law that outlines the procedure and approval for use of the town’s right of way.
Supervisor Robbins reported the Busti Historical Society is considering what impact the current COVID-19 pandemic may have on the Annual Busti Apple Festival and discussing if they will be able to hold the event this year.
Supervisor Robbins noted a resident in the Five Corners Water District had their pressure reducer pop when the pressure was increased to 160 pounds. The Board of Public Utilities had contacted each location that uses public water to verify they had the proper pressure reducer to hand the increase. The resident inquired about who was responsible for replacing the unit. Attorney Joel Seachrist stated the town would not be responsible for the replacement as it is not located in the town’s right of way.
Councilman Hanson would like a letter that can be given to residents, signing up for public water, explaining the responsibility of the Board of Public Utilities, the Town of Busti, and the property owner. Supervisor Robbins asked Councilman Gustafson if he could research that and create a letter.
Councilman Gustafson inquired about the status of the installation of a sluice pipe at the Bentley Cemetery.
Highway Superintendent Peterson stated he has received pricing for the pipe and intends on moving forward with the project when the road maintenance is caught up.
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. 8 from warrant #357 to and including warrant #419 in the amount of $71,566.34.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the June 22, 2020 Regular Town Board minutes; motion was duly moved by Councilman Gustafson.
All in favor, carried.
Councilman Andrews reported he attended a Chautauqua Lake and Watershed Management Alliance online meeting on Saturday, July 18th. There was discussion regarding Bowling Green University is performing a study of Algae Blooms on Chautauqua Lake this summer. Also, discussed was the Jefferson Project being conducted at Lake George, the area snowplow operators are being encouraged to use 20% less salt on the roads and the area roads are being designed to need less salt; the changes are reducing the amount of phosphorus in the lake and resulting in less weeds. It was noted that the condition of the lake has evolved over 100 years and it will take years to correct it. Lastly, Councilman Andrews reported NYS DEC and the Army Core of Engineers will be completing a study of Chautauqua Lake, a Zoom meeting is scheduled for July 28th at 6 p.m. to discuss the study.
Councilman Hanson inquired if the town has received a new agreement from the City of Jamestown for the Assessor services, Supervisor Robbins stated he will be meeting with the City on July 30th. Councilman Hanson asked about the status of the recently hired Fire Inspector, Supervisor Robbins noted there is a training session scheduled for the first week in September and Mr. Wilfong is planning on attending or finding an online training to attend.
Code Enforcement Officer added to his earlier report stating the town has a major problem of property owners building or demoing without a permit and there are some projects with permits that are not being built to code. He intends to start a new procedure in handling these incidents. He will send letters to the property owner for the violations including an automatic Stop Work Order and the applicable “Building/Demo Without Permit” fee notification.
Supervisor Robbins motioned to change the date for the August regular town board meeting from Monday, August 3, 2020 to Monday, August 17, 2020. Motion was duly moved by Councilman Hanson.
All in favor carried.
Supervisor Robbins motioned to enter Executive Session at 8:20 p.m. to discuss a personnel matter, duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins motioned to close Executive Session at 8:34 p.m., duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved to adjourn the regular meeting at 8:34 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk