REGULAR MEETING
August 17, 2020
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 17, 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, Lakewood Busti Police Chief John Bentley, Assessor Lisa Volpe, Busti Fire Department Chief Matt Stafford, Mike Nygren, Leona Anderson, Tom and Becky Danielson, Rich Fischer, Jamie Gustafson, and Jay Young – Post Journal reporter; Randall Perry – Chautauqua Alliance and Diane & Ang Terrano attended meeting via HD meeting video or tele conference.
All present practiced social distancing as advised under NYS FORWARD directive.
Rich Fischer, Village of Lakewood resident, stated he and other Lakewood Busti residents/businesses continue to smell an odor that he believes is coming from Southern Tier Brewing. He contacted South and Center Chautauqua Lake Sewer District regarding the issue and was told the odor was not anything they could regulate. Mr. Fischer stated he is not sure where to go from here to get a resolution. Supervisor Robbins said he would contact Southern Tier Brewing regarding the matter.
Tom Danielson inquired about the status of the list of concerns, regarding permitted uses for the area on Fairmount Avenue that was recently changed to Highway Commercial from Conservation Residential, that he and his neighbors submitted. Supervisor Robbins noted the list will be reviewed by the Comprehensive Plan Implementation Committee. The committee is currently working on updating the Town of Busti’s Zoning Code, once completed the proposed updates will be reviewed by the Town Board and then presented to the public at a Public Hearing.
Leona Anderson stated she is still concerned with the water runoff and standing water on her property because of the excavation at the neighboring property.
Town Clerk Darlene Nygren reported her office has sold 801 2020-21 Transfer Stickers and began selling 2020-21 Hunting Licenses on August 10th. She stated NYS Archives has developed a new Records Retention schedule for all Cities, Towns, Villages, Fire Districts, and School Districts. The Town Clerks are scheduled to attend three webinars next week to introduce them to the new schedule. Also, local governments must adopt the new schedule prior to January 1, 2021 when the current schedule will no longer be valid. A resolution to adopt the schedule is on tonight’s agenda. There is one more live webinar for NYMIR’s Harassment & Discrimination Training, all town elected officials and employees must attend the training or provide a certificate from another training source. Clerk Nygren thanked the Highway Department for their assistance in moving town records to the secure Records Room.
Chief John Bentley reported 739 incidents since the last meeting and just over 4,700 incidents year to date. The department’s canine officer assisted the City of Jamestown with a warrant check and found a firearm in a safe which violated the person’s parole. He continued reporting on other incidents within the town and village. The department has been participating in mandated NYS training and responding to suspected violations of NYS PAUSE.
Superintendent Melvin Peterson reported the Highway Department has been stone and oiling some town roads, paved the south end of Shadyside and the east end of Mead, and will regrade the Lawson Park parking lot next week. They found bee honeycombs in the volleyball sand and replaced the sand hoping that would resolve the bee issue. There are three more roads scheduled to be paved this year. Superintendent Peterson noted a longtime Highway employee plans to retire on September 25th; he has been reviewing applications on file for a person to fill the position and plans to have a recommendation for at the September 21st Town Board meeting. Superintendent Peterson requested to have the $500 spending limit lifted to allow the department to begin preparing equipment for the upcoming winter season; they will need to purchase tires and other maintenance supplies. Discussion followed. Councilman Hanson asked how much money was budgeted for equipment. Superintendent Peterson stated $140,000 was budgeted for Highway Equipment however, he has no plans to purchase any large equipment this year, other than the 1 ton that was agreed upon last year. The truck is to be built September 27th.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town Board lift the spending limit of $500 for the whole town.
Upon roll call vote, all aye, carried.
Busti Fire Department Chief Matt Stafford reported 229 incidents year to date compared to 242 last year at this time. Chief Stafford reported the fire department was awarded a grant through FEMA for the purchase of air packs. He noted the request for a letter of support. from Chautauqua County Emergency Services Agency to approve conversion of their Municipal Ambulance CONC to a permanent operating certificate, is for the “fly car” not an ambulance. The department will be sending a letter of support. Chief Stafford noted the Busti Apple Festival has been canceled due to the Corona Virus Pandemic.
Supervisor Robbins noted at the last Town Board meeting the Board discussed/reviewed the proposed final Lakewood-Busti Precision Swale Retrofits WQIP however did not formally approval of the Draft Final Design as presented and the public advertisement for bids once the Final Design and Bid Documents are ready.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town Board approves the Draft Final Design for the Town project entitled, Town of Busti and Village of Lakewood, Precision Swale Stormwater Retrofit Project, as prepared and presented by Andrew Johnson, PE. Upon completion of the Final Design and Final Bid Package in accordance with applicable terms of the Town’s New York State Department of Environmental Conservation Grant Contract #C00934GG, the Town Board approves the public advertisement for construction bids in accordance with General Municipal Law Section 103 and the Town’s Procurement Policy. The date and time to receive and open bids will be set by the Town and clearly identified in the Bid Advertisement according to the date of release and applicable bidding rules.
Upon roll call vote, all aye, carried.
Attorney Joel Seachrist had emailed Town Board members copies of a draft Solar Law from the Town of Carlisle, New York for their review and consideration with amending the current Regulations for Solar Energy Systems. After reviewing the draft, the board created a list of notes, proposed changes, and clarifications to be incorporated in amending the current law; these will be forwarded to Attorney Seachrist. The board agreed the proposed amendment will not add or remove any zoning districts where Large Scale Solar Systems are permitted.
Councilman Hanson moved the following resolution, which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti Town Board set a public hearing to be held on September 21, 2020 at 7:00 p.m. to amend Local Law No. 4 of 2018 entitled “A Local Law Enacting Regulations for Solar Energy Systems” The proposed amendment would be included in the “Solar as Principal Use” section of the law.
Upon roll call vote, all aye, carried.
Supervisor Robbins introduced Assessor Lisa Volpe to the Town Board. Ms. Volpe was appointed Assessor for the Town of Busti in June this year.
Supervisor Robbins noted the Cold Storage building, located at the rear of the 125 Chautauqua Avenue Administration Building, has been rented seasonally by a local business for primarily boat storage. Discussion followed. The board agreed to have Allied Alarm extend the current alarm system to include that area. Councilman Hanson will contact Allied Alarm.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti Town Board advertise the Cold Storage building located at the rear of the Administration Building for seasonal or year-round rental. Anyone interested in renting the facility should submit a proposed rental rate including an annual property tax payment of $1,500 and provide proof of liability insurance to the Town Clerk’s Office prior to September 21, 2020 at which time the board will open the proposals.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the 2020-21 Chautauqua Lake & Watershed Management Alliance Consolidated Local Funding Program – Request for Applications (RFA) are due to by September 24, 2020. Chautauqua Lake Partnership has prepared and submitted the application for the Town of Busti in the past couple years. Supervisor Robbins will contact the CLP regarding this year’s application.
Supervisor Robbins stated Chautauqua County Emergency Services Agency has asked the town for a letter of support regarding the agency requesting the Southwestern Regional EMS Council to approve conversion of their Municipal Ambulance CON to a permanent operating certificate for County of Chautauqua. The letter of support was due no later than August 14, 2020. The board members communicated via email and agreed to submit the letter which was sent August 12, 2020.
Supervisor Robbins motioned to formally acknowledge support of Chautauqua County Emergency Services Agency requesting the Southwestern Regional EMS Council to approve conversion of their Municipal Ambulance CON to a permanent operating certificate for County of Chautauqua, motion was duly moved by Councilman Andrews.
All aye, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Andrews:
RESOLVED, By the Town Board of Town of Busti that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.
FURTHER RESOLVED, that in accordance with Article 57-A: (a) only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 9 from warrant #420 to and including warrant #482 in the amount of $396,567.12.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the July 20, 2020 Regular Town Board minutes; motion was duly moved by Councilman Hanson.
All in favor, carried.
Councilman Sargent asked Highway Superintendent Peterson if repairing the potholes on Gleason Road is on the department’s schedule. Superintendent Peterson said yes, the repair is on their schedule.
Councilman Gustafson noted, at last month’s meeting, Supervisor Robbins had asked him to write 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. Town Clerk Nygren contacted Jamestown BPU requesting any information they may have and was directed to the BPU’s website. Councilman Gustafson stated the website has all the necessary information for residents on public water. He and Clerk Nygren created an informational sheet that can be given to residents when they pay for water hookup along with Schedules of Water Rates and a Town of Busti Water Districts map. Councilman Gustafson had copies of the above for each councilman.
Supervisor Robbins moved to adjourn the meeting at 8:08 p.m. which was duly moved by Councilman Sargent.
All in favor, carried.
Respectfully Submitted,
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Darlene H. Nygren, Town Clerk