REGULAR MEETING
August 2, 2021
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 2, 2021 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York, with the following members present:
Deputy Supervisor/ Councilman Todd Hanson
Councilman Jim Andrews
Councilman Doug Brown
Councilman Paul Gustafson
Absent: Supervisor Jesse M. Robbins
Deputy Supervisor Todd Hanson called the meeting to order with the salute to the flag and a moment of silence was observed.
Present at the meeting in person: Highway Superintendent Greg Johnson, Assessor Tera Darts, Attorney Joel Seachrist, David and Kellie Bargar, Village of Lakewood Trustee Rich Fischer, Jack Knowlton, Michael Hanselman, Scott Stultzman, Chris McKotch, Shirley Ecker, Tom Peterson, Busti Fire Dept Chief Matt Stafford, Jamie Gustafson, Aaron and Stephanie Kier, Don Smith, Jim McCoy, Norman Carlson, Village of Lakewood Mayor Randall Holcomb, and Barbara J Hanson.
Mike Hanselman, Big Tree Road resident, noted he spoke to the board last month regarding him constructing an equestrian/firearm building on his property with an outdoor range. He stated he spoke with CEO Swanson regarding the application and was told he needed to fill it out; he wondered who he should submit the form to and was hoping the board could vote on it next month. Clerk Nygren stated he could drop the form off at her office and she would forward it to Mr. Swanson. Deputy Supervisor Hanson recommended Mr. Hanselman include any background information with the application.
Jack Knowlton thanked Highway Superintendent Johnson for the work his department did on the sediment pond at his residence. He reported the sign at the Busti Cemetery, which includes a map of the cemetery lots and ownership, is faded and unreadable. Discussion followed. Clerk Nygren noted Southern Tier West has a program that documents cemetery lot records at a fee. She will get more information on the service and forward it to the board. Deputy Supervisor Hanson suggested the sign be removed for now and the board will discuss it a later date. Mr. Knowlton reported there are three trees at Busti Cemetery and a couple more at Bentley that need removed, he will meet with Highway Superintendent Johnson and Councilman Gustafson regarding the matter.
Town Clerk Darlene Nygren reported 789 2021-22 transfer stickers have been sold to date. Her office began selling 2021-22 hunting licenses and Doe permits on August 1st. Clerk Nygren noted the AED equipment arrived and she will be coordinate a time for training with Kurt Hallberg. She reported she and Don McCord are trying to set up a meeting with the Comprehensive Plan Implementation Committee to finalize the draft and have it ready to submit to the Town Board for their review. Deputy Supervisor Hanson asked if the draft could have a redline through the old Zoning Code wording along with the amended version. This would allow the board to compare the draft to the current code.
Highway Superintendent Johnson reported the department has been paving the following roads: Wellman – Cowing Road to the trailer court, Wellman from Kortwright to the top of the hill, Lawson from Sandbury towards Big Tree, Nutt Road from Shadyside to the top of the hill, and ½ of Burton Road for a total of 2, 800 tons of blacktop. Superintendent noted his department has an increasing number of requests to install ditch piping or driveway culvert pipes, he asked the board to consider requiring a permit to have such work done by the highway which would help them to schedule the work at a time that is best for their timetable. Attorney Joel Seachrist stated the permit requirement could be established through a local law and the fee of the permit would be set by the Town Board.
Deputy Supervisor Hanson moved to set a public hearing for Local Laws 4 of 2021 – “Providing Terms for the Administration of Town Highways”. The public hearing will be held on September 6, 2021 at 7:00 p.m. Motion was duly moved by Councilman Andrews.
All in favor, carried.
Superintendent Johnson spoke with Chris Johnson about doing the repairs on the Loomis Park tennis and basketball courts, he is interested in the work but is not available until next year. He did give a quote for the repair; Superintendent Johnson did contact a couple other contractors regarding the job and didn’t receive a response from any of them. He will submit the quote at the September 13th meeting and the board can approve it at that time.
Superintendent Johnson asked the board to approve purchasing a new computer for the Highway. The current computer is outdated. Deputy Superintendent stated we should ask Eagle Zip for the same computer and monitors purchased for the Assessor. Clerk Nygren stated that set cost was approximately $1,300. She will contact Eagle Zip and have them coordinate the installation with Superintendent Johnson.
Deputy Supervisor Hanson noted it was 7:00 p.m. and moved to open the Public Hearing, regarding the adoption of Local Law No. 3 for the year 2021, by which the Town would opt out of allowing retail cannabis dispensaries and on-site cannabis consumption sites within the Town. Motion was duly moved by Councilman Andrews.
Proof of publication was placed on file.
The following comments were heard from the public:
Bob Walrod – in favor of the opting out law. He has been in Colorado where the drug is legal, and the state has
seen an increase in accidents and domestic issues.
Barb Hanson – in favor of the local law and read a statement stating that research has shown the recreational
use of marijuana leads an increase of crime and to the other drug use, all at the expense of the
local police department. She doesn’t want to see more drug use being drawn to the town.
Dave Bargar – inquired if this law applied to the whole town or just outside the Village. Deputy
Superintendent Hanson stated it only applied to the town outside the Village. The Village would
have to pass their own local law.
Don Smith – in favor of the law and is against dispensaries
Norm Carlson – read the following statement
Scott Stultzman – an educator by trade and seen drug use on kids and its effects on homes. He is in favor of the
Opt Out law.
Chris McKotch – is against dispensaries, sees this as a gateway drug and is against having it in our community
Rich Fischer – supports the local law
Jack Knowlton – in favor of the local law and believes no good will come out of the new state cannabis law
Randy Holcomb – supports the local law
Deputy Supervisor Hanson moved to close the public hearing at 7:11 p.m. which was duly moved by Councilman Gustafson.
All in favor, carried.
Councilman Gustafson stated he has seen the effects of marijuana use while he was in law enforcement.
Attorney Seachrist stated with Supervisor Robbins being absent the vote would still need three out of the five board members to pass.
Councilman Gustafson moved the following resolution which was duly moved by Councilman Andrews:
Town of Busti
Local Law No. 3 for the year 2021
A LOCAL LAW to opt out of allowing cannabis retail dispensaries and on-site consumption sites as authorized under Cannabis Law Article 4
Section 1. Legislative Intent
It is the intent of this Local Law to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of Busti that would otherwise be allowed under Cannabis Law Article 4.
Section 2. Authority
This Local Law is adopted pursuant to Cannabis Law §131 which expressly authorizes the Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.
Section 3. Local Opt-Out
The Town Board of the Town of Busti hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the town’s jurisdiction.
Section 4. Severability.
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 5. Permissive Referendum/Referendum on Petition
This local law is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law §24.
Section 5. Effective date.
This local law shall take effect immediately upon filing with the Secretary of State.
Upon roll call vote, all aye, carried.
The board authorized Attorney Seachrist to draft a resolution that would prohibit smoking of any kind on any town properties, including the posting of signs at the buildings and all other town property.
Deputy Town Supervisor noted the public hearing on Utility Distribution is postponed until a later date. Attorney Joel Seachrist will draft the Local Law and present it to the board on September 13, 2021 for their review. The public hearing date will then be set.
Busti Fire Department Chief Matt Stafford reported 35 ems, 6 fires, 3 mva, and 3 service calls for a total of 47 calls for the month of July and 260 ytd. Last year at this time there was a total of 207.
Jack Knowlton reported Lakewood Fire Department had 103 calls for the month of July and 540 ytd, an average of 3 per day.
Deputy Town Supervisor Hanson reported the town received three bids to repair the Lawson Park Pavilion roof. The matter is tabled until the September meeting to allow the board to look at other options.
Deputy Town Supervisor Hanson moved to amend the resolution from last month establishing Highway Superintendent Johnson’s salary, duly moved by Councilman Gustafson.
RESOLVED, Highway Superintendent Greg Johnson’s salary be set at $72,000 annually.
Upon roll call vote, all aye, carried.
Councilman Andrews stated, at the last board meeting, he had asked the board to consider reinstating a contribution to Chautauqua Lake Association and the matter was tabled until tonight’s meeting.
Councilman Andrews moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti donate $4,000 to Chautauqua Lake Association for 2021.
Upon roll call vote, all aye, carried.
Deputy Town Supervisor Hanson asked resident, Shirley Ecker, for an update on the cat issue in her neighborhood. She stated there is still an issue and understands the difficulty in enforcement. Ms. Ecker spoke with Dog Control Officer Beth Moss who is going to contact the state for any advice. Councilman Brown noted that since the last meeting Attorney Seachrist sent the board four sample laws, however the problem with any law is enforcement. Councilman Brown is contacting the four municipalities to discuss their enforcement of the law.
Highway Superintendent Johnson stated he would like to move Aaron Kier from Utility Worker/Parks Department to full-time Highway Department and would like to advertise for the Utility Worker/Parks Department position.
Deputy Town Supervisor Hanson moved the following resolution which was duly moved by Councilman Brown.
RESOLVED, the Town of Busti advertise on Indeed for a Utility Worker/Parks Department full-time employee. Applications will be accepted through August 23, 2021.
Upon roll call vote, all aye, carried.
Deputy Town Supervisor Hanson asked that Aaron Kier remain in his current position until a new employee is hired.
A question was asked if the Highway or Parks Department employees are paid a minimum time when they are called out on an emergency situation such as flooding or trees down, other municipalities will pay a minimum time or give the employee comp time.
Deputy Town Supervisor Hanson reported the town received two bids for the purchase and installation of Video Surveillance System at the Highway Garage. The system will include three cameras. The bids were as follows: FSC Systems, LLC in the amount of $3,719.79
Allied Alarm Systems, Inc in the amount of $3,875 + monthly technical support – $31.94
Deputy Town Supervisor Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti accept the FSC Systems, LLC bid for the purchase and installation of a Video Surveillance System at the Town Highway Garage, which includes three cameras, in the amount of $3,719.79.
Upon roll call vote, all aye, carried.
Deputy Town Supervisor Hanson stated the Town Board received a letter and a petition from residents on Nutt Road asking the town to consider changing the speed limit on a portion of Nutt Road from the Busti-Sugar Grove Road westerly to the top of the hill adjacent to the property currently owned by David Crandall. Their request is to reduce the current 45 mph speed limit to 30 mph.
Deputy Town Supervisor Hanson motioned the Town of Busti request to reduce the speed limit on Nutt Road from 45 mph to 30 mph. Motion was duly moved by Councilman Brown.
All in favor, carried.
Deputy Town Supervisor Hanson noted the current contract for the Transfer Station expires September 30, 2021. After discussion the board recommends the town advertise for bids for a new contract with a term of two years eight months, coordinating with the term of the transfer stickers, with the option of bidding for an additional three years.
Deputy Town Supervisor Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Highway Superintendent Johnson to advertise for bids for the Transfer Station contract. The term of the contract will be two years and eight months, coordinating with the term of the transfer station stickers, with the option of bidding for an additional three years.
Upon roll call vote, all aye, carried.
Deputy Town Supervisor Hanson noted Chautauqua Lake and Watershed Management Alliance has announced the are accepting Request for Applications (RFA) for the 2021-2022 Consolidated Local Funding Program which is due September 14, 2021. Discussion followed.
Councilman Andrews moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti authorize Chautauqua Lake Partnership to submit the Request for Applications (RFA) for the 2021-2022 Consolidated Local Funding Program with Chautauqua Lake and Watershed Management Alliance on behalf of the Town of Busti.
Upon roll call vote, all aye, carried.
Assessor Tera Darts reported the assessing records for the following towns have been transferred from the City of Jamestown: Ellicott and Harmony’s records were transferred to their offices; Kiantone and Carroll’s records were transferred to the Town of Busti records room. Assessor Darts noted with the change in location of the records the current agreements need to be amended stating the change of location of record storage. Assessor Darts noted the Town of Ellicott invited her to sit in on second interviews for their Deputy Clerk who will also be working with the Assessor Department. She requested the Town of Busti advertise for the current and anticipated vacancies of Assessor Clerk and Appraiser.
Deputy Town Supervisor Hanson moved to authorize Supervisor Robbins to sign amended Assessor Agreements with the Towns of Ellicott, Harmony, Kiantone, and Carroll. Motion was duly moved by Councilman Andrews.
All in favor, carried.
Deputy Town Supervisor Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Assessor Darts be authorized to advertise for the position of Assessor Clerk and Appraiser with a salary agreed upon with her and Supervisor Robbins and an application deadline of August 23, 2021.
Upon roll call vote, all aye, carried.
Deputy Town Supervisor Hanson stated Large-Scale Solar System applicant, ECOsponsible, has requested to pay the required Municipal Engineering expenses in installments rather than in a lump sum.
Councilman Gustafson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Supervisor Robbins be authorized to sign the Escrow agreement for Municipal Engineering expenses for ECOsponsible’s Large-Scale Solar System application.
Upon roll call vote, all aye, carried.
Deputy Town Supervisor Hanson moved to authorize Court Clerk Elizabeth Davis to apply for the JCAP grant, motion was duly moved by Councilman Brown.
All in favor, carried.
Deputy Town Supervisor Hanson moved to change the September 20, 2021 Town Board meeting to September 13, 2021; duly moved by Councilman Andrews.
All in favor, carried.
Deputy Town Supervisor Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 8 from warrant #355 to and including warrant #432 in the amount of $378,929.04.
Upon roll call vote, all aye, carried.
Deputy Town Supervisor Hanson motioned to accept the June 28, 2021 Regular Meeting; motion was duly moved by Councilman Brown.
All in favor, carried.
Councilman Gustafson stated the Swales project work on Southwestern Drive appears to be complete and looks great. He encouraged Highway Superintendent Johnson to continue providing the “In-kind Service” work.
Deputy Town Supervisor Hanson moved to adjourn the meeting at 7:46 p.m. which was duly moved by Councilman Gustafson.
All in favor, carried.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk
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