REGULAR MEETING
September 13, 2021
A regular meeting of the Town Board of the Town of Busti was held on Monday, September 13, 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:
Supervisor Jesse M. Robbins
Councilman Jim Andrews
Councilman Doug Brown
Councilman Paul Gustafson
Absent: Councilman Todd Hanson
Supervisor Robbins 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, Mike Hanselman, Jamie and Molly Gustafson, John Francisco, Jack Knowlton, Mike Nygren, and Busti Fire Chief Matt Stafford.
Mike Hanselman, Big Tree Road resident, stated this was the third meeting he has spoken to the board regarding constructing an equestrian/firearm building on his property with an outdoor range. He would like to construct the facility before the weather turns. He noted that an article in the weekend edition of the Post Journal indicated New York State is proposing stricter education requirements for not only pistols but other types of firearms; he also noted NYS has reduced the age for hunting to twelve years old which increases the need for training of not only hunting but actual use of a shotgun or rifle. He asked the board if it was possible to establish a timeline of when he would be authorized to use his property as an NRA certified firearms instructor. Supervisor Robbins stated the process of a proposed zoning law change takes some time; he does not want to see Mr. Hanselman spending money to build a structure for a use that may never be permitted. CEO Jeff Swanson stated he could issue a building permit for the proposed structure because it is going to be a dual use structure including a horse stable. The proposed zoning code changes may permit firearms instruction in the zoning district in question but only through a Special Use Permit but there is no guarantee that the use will be included in the zoning change. However, any proposed changes may not take effect for six to eight months; once the draft is complete it will be given to the Town Board for their review and then there would have to be a public hearing prior to the final approval. A building permit could be issued for the riding stable; it could be built with the range as well; Mr. Hanselman would need to understand that an instructional range is not currently permitted, and it is not guaranteed as a use in the future. Discussion ended with Supervisor Robbins stating that the board could not guarantee Mr. Hanselman would be permitted to have a firearms instructor business on his property but he would be permitted to construct a horse arena upon receiving an approved building permit.
Town Clerk Darlene Nygren reported her office continues to sell 2021-22 Hunting Licenses; the deadline to apply for doe permits is October 1st. Clerk Nygren stated she received an email from Chautauqua Lake and Watershed Management Alliance saying the RFA deadline is September 14th; she has not heard anything from Chautauqua Lake Partnership regarding the Town of Busti application and asked the board if they had any information. Supervisor Robbins will contact CLP to ensure the application will be submitted on time.
Highway Superintendent Greg Johnson reported the department is wrapping up blacktopping for the season and will have blacktopped approximately five miles this year. They recently laid NOVA chip on Garfield and Hoag Roads; as well as doing tree trimming and working on the road shoulders. Superintendent Johnson presented an estimate from Chautauqua Court Resurfacing for repair and resurfacing of the basketball and tennis courts located at Loomis Park. The estimated cost total included material and labor and based on Summer 2021 pricing. The labor portion of the bid could be held for next spring, but the cost of labor can not be extended. Highway Superintendent’s new computer was installed today. FSC has ordered the cameras for the highway garage, but they have not come in as of today. There was discussion regarding the installation of new or replacement of existing driveway pipe. Superintendent Johnson suggested any installation of a pipe longer than forty feet would require the property owner to hire a private company. Property owners will be responsible to purchase any pipe being installed and the town would provide the gravel. Discussion followed which included mention of who is responsible for the cost of the DI (drop inlet). The board discussed approving a resolution stating “The Town of Busti Highway Department will install any new or replacement driveway pipe that is 40’ or less and provide the necessary gravel, providing the landowner pay for the pipe. The installation of a pipe longer than 40’ would be at the landowner’s expense with a town approved private contractor, the owner would also be responsible for the purchase of the required gravel via a conversation between the highway superintendent and the approved contractor; the size and the installation location of the pipe must be authorized by Town of Busti Highway Superintendent. The Town of Busti will provide the catch basin and tees for all pipe installations. This resolution applies to property located on town roads only.”
Clerk Nygren will send the draft resolution to Attorney Seachrist and ask him to write a formal resolution that will be presented at the October 4th Town Board meeting.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, upon the recommendation of Highway Superintendent the town advertise to receive bids for resurfacing the basketball and tennis courts located at Loomis Park, 6 Loomis Bay Road, Ashville, NY. Bidders are asked to submit one bid for materials only and another bid for materials, labor, and any miscellaneous costs. Sealed envelopes containing bid must be clearly marked on the outside. Bids will be received at the office of the Town of Busti Town Clerk, 125 Chautauqua Avenue, Lakewood, New York 14750, no later that 12:00 pm, Noon, Friday, October 1, 2021 at which time they will be opened and read. The Town may award the bid based on either the Lowest Responsible Bid or Best Value, in accordance with General Municipal Law §103 and Town of Busti Code §108(4). The Town also reserves the right to reject any and all bids, waive incidental informalities, and accepts the bid which in its opinion meets the intent of these specifications and is in the best interest of the Town of Busti.
Upon roll call vote, all aye, carried.
Superintendent Johnson stated the Highway Department will install “No Smoking” signs at the Town Parks.
Superintendent Johnson noted there was discussion at the August 2nd board meeting about paying Highway/Parks Department employees a minimum time when they are called out for an emergency issue. Discussion followed.
Councilman Gustafson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Highway/Parks Dept employees shall be paid a minimum of 4 hours when they are called to work during non-working hours for an emergency issue.
Upon roll call vote, all aye, carried.
Code Enforcement Officer Jeff Swanson reported he and Fire Code Inspector Dave Wilfong will be attending a 24-hour annual Code Enforcement training at the Harbor Hotel on Wednesday through Friday. They will also be attending a one-day NYSERDA Green Energy training at Southern Tier West on September 21st, the training could be used as credit the town chose to participate in another Clean Energy grant. CEO Swanson reported the Comprehensive Plan Implementation team met and should be presenting a final draft of their Zoning Code recommendations to the board in the next month or so. CEO Swanson reported he received a call regarding a resident at BOSCO trailer court that was without power. After further investigation, it was found that there were at least four other residents without power some who were using generators for power which were wire very dangerously. He contacted Chautauqua County Health Department regarding the situation, after further follow-up eight more residents were found to not have power. Since that time service has been restored to three residents. The county provided an extensive list of the owner’s responsibility. Councilman Gustafson recommended that CEO Swanson contact Lakewood Busti Police Department when he sees that a child is involved in a similar incident.
Busti Fire Department Chief Matt Stafford reported 40 fire, 6 Motor Vehicle Accidents, 4 Service Calls for a total of 54 incidents from August 2nd to date and 315 incidents year to date; last year there were 269 incidents at this time. The department is preparing for the upcoming Apple Festival. They received a FEMA grant for “turn out” gear in the amount of $1,400. Gun tickets are now being sold for the upcoming Daytona party.
Jack Knowlton reported Lakewood Fire Department had 104 calls in July, 107 in August, and 38 so far in September, making a year-to-date total of 691. The department’s Ambulance 2’s fuel tank needs replaced at a cost of $4,500. The vehicle is 16 years old, and the department does not want to put that amount of money into it. They signed a letter of intent to purchase a new ambulance which they hope to have by the first of the year, but it could be a year before they get it. The cost of the ambulance is $200,000.
Lakewood Busti Police Department Chief Chris DePonceau reported 6,586 incidents for the department from January to date. The department now has a needle kiosk for residents, they are asked to have the needles in an approved needle container before disposing them. The kiosk was part of Hope Chautauqua’s “Take it to the Box Campaign”.
Supervisor Robbins moved to postpone the public hearing on Local Law 4 of 2021 – Providing Terms for the Administration of Town Highways, the public hearing will be held October 4, 2021 at 7:00 p.m., motion was duly moved by Councilman Brown.
All in favor, carried.
The board is waiting to receive a draft of Local Law on Utility Distribution before setting a public hearing.
Highway Superintendent Johnson stated the Highway Department will try to repair the Lawson Park Pavilion roof before year end.
Supervisor Robbins noted the town had advertised for bids for the operation of the transfer station for garbage and recyclables commencing October 1, 2021. The only bid received was from Beichner Waste Services, Inc. The bid was as follows:
- Lump sum (yearly) bid to include items #6, #7, #8, & #16, not to include landfill or processing fees:
Year Lump Sum Bid
- 10/1/21 – 9/30/22 $39,500.00
- 10/1/22 – 9/30/23 $40,000.00
- 10/1/23 – 5/31/24 $27,000.00
As a bid alternate, please provide an additional three years of pricing:
- 6/1/24 – 5/31/25 $41,500.00
- 6/1/25 – 5/31/26 $42,500.00
- 6/1/25 – 5/31/27 $43,500.00
- Per load charge for transporting garbage and/or recyclables from current transfer station within 30-mile radius at Busti’s Town Supervisor discretion.
Per Load Charge $168.00
III. Mileage charge for transporting garbage and/or recyclables from current transfer station over a 30-mile radius at Busti Town Supervisor’s discretion.
Loaded Per Mile Charge $7.00
Yearly Rental Charge for each of the following: Estimated Tons and Loads:
20 yd. Container $600.00 Garbage : 770 Ton yearly
75 Loads
30 yd. Container $600.00
Recyclables: 250 Ton yearly
70 Loads
40 yd. Container $600.00
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti accept the said bid from Beichner Waste Services, Inc for the operation of the transfer station for garbage and recyclables commencing October 1, 2021 through May 31, 2027.
Upon roll call vote, all aye, carried.
Councilman Brown reported he spoke with NYS Ag & Market representative, Emily Bailey, regarding feral and nuisance cats. Ms. Bailey said there is no language in the Ag & Market law pertaining to cats. Councilman Brown will pass on that information to the residents who have recently brought their concerns before the town board.
Assessor Tera Darts shared her office received 40 applications for the clerk position, the majority of the applicants were not qualified. She interviewed four candidates; however, none had the minimum qualifications needed to register for the state competitive exam for an Assessor Clerk. She asked the board to changing the title for the position from Assessor Clerk to Deputy Clerk; the Town of Ellicott was advised to do the same when hiring the clerk for their town. Assessor Darts stated after interviewing the four candidates she recommends Kelli Lindboom be hired for the part-time clerk position at the advertised pay rate of $16 per hour.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti Town Board appoint Kelli Lindboom as part-time Deputy Town Clerk at a pay rate of $16 per hour and be paid up to 1,560 hours annually. Ms. Lindboom will report primarily to the Assessor and be cross trained in the Town Clerk’s office to assist when necessary. Her weekly scheduled will be determined by the Assessor.
Upon roll call vote, all aye, carried.
Assessor Darts, Clerk Nygren, and Attorney Seachrist will work at amending the various towns Assessing Agreements, primarily in regard to the location of where the assessment records are now housed.
Supervisor Robbins noted the Cold Storage area off of 2nd Street has leaks in the roof due to the poor construction; he asked the board to consider repairing the roof including constructing an overhang. Discussion followed. Code Enforcement Officer Swanson will contact a couple Design Professionals regarding the best way to repair the issue; he will report back to the board at the next scheduled meeting.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti Town Board hold a public hearing on Monday, October 4, 2021 at 7:15 p.m. at 125 Chautauqua Avenue, Lakewood, New York, regarding the adoption of Local Law No. 5 for the year 2021, by which the Town would adopt new restrictions on smoking and the use of tobacco in the Town of Busti’s public buildings and parks.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the Town Board received a letter from Busti Historical Society requesting to close Lawson Road between Sugar Grove Road and Mill Road and Mill Road from the Triangle to Lawson Road on September 26, 2021 from 6 a.m. until 6:00 p.m. for the Annual Apple Harvest Festival.
Councilman Gustafson moved to close Lawson and Mill Roads as requested by the Busti Historical Society, duly moved by Supervisor Robbins.
All in favor, 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 and the Highway Fund, Abstract No. 9 from warrant #433 to and including warrant #501 in the amount of $362,116.23.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the August 2, 2021 Regular Meeting; motion was duly moved by Councilman Brown.
All in favor, carried.
Councilman Brown reported the FEMA COVID recovery grant application has been submitted and we are waiting for notification if it was granted.
Councilman Gustafson asked Highway Superintendent Johnson to contact Rock regarding the status of the Swales Project.
Supervisor Robbins moved to adjourn the meeting at 7:52 p.m. which was duly moved by Councilman Gustafson.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk