From left Lloyd Muncie talks to the Busti Town Board about a water connection fee. Town Councilman Jim Andrews, center, and Town Supervisor Jesse Robbins listen. P-J photo by Michael Zabrodsky

LAKEWOOD – A 40-year-plus Busti Town resident doesn’t think he should have to pay a $7,000 water line connection fee.

Lloyd Muncie, of 2048 Holly Lane, already has paid $1,400 to be connected for a residential property, and the town board said he needed to pay the remaining $5,600 because he is using his property for commercial purposes.

Muncie told board members Dec. 1 that for about the last 30 years, he and his son have used the property to operate a sugar house for maple syrup production.

Muncie added that during that time there has been water service into the sugar house which was a tap off the one-inch water line that goes to his personal residence.

“It’s a three-quarter inch (water) line that branches off of the one inch copper line,” Muncie said.

The Holly Lane resident said a few years ago he purchased a sap storage silo with a wash ball. Because Muncie has water delivery service, he also uses the silo for water storage.

In September 2012, the town board adopted a resolution for a water connection fee of $1,400 for new and existing homes. The board also adopted a connection fee of $7,000 for industrial and commercial districts.

According to the town’s comprehensive plan, which can be found at townofbusti.gov, “the City of Jamestown Board of Public Utilities (BPU) provides water to the Village of Lakewood and three areas in the Town of Busti, in 10 water districts. Based upon US Census housing unit counts and BPU counts, it is estimated that 33 percent of Busti homes are served by municipal water.

The balance of homes located in the Town of Busti are served by private wells.”

Muncie said his building is not commercial, and it is zoned residential.

“Our building is not commercial. It’s an agricultural building, even though the BPU won’t recognize that. Sugar houses have been deemed as agricultural pursuits, and that’s what our building mostly is,” Muncie said.

And he is opposed to paying the extra $5,600.

“We don’t think it’s justified,” Muncie said.

Muncie also added that Town Attorney Joel Seachrist wrote Muncie a letter stating that Muncie had to pay the $5,600 by Dec. 1.

“The last letter we received was a somewhat threatening letter from your attorney, Mr. Seacrist. I’ve responded to that,” Muncie said. “I’m going to leave that here with you (board members).”

The P-J has requested from town officials a copy of the letter that was referenced in the open, public meeting. After the reference, Muncie handed the letter to Robbins which Robbins acknowledged. The letter then sat on Robbin’s desk, in plain view of people in attendance, until the end of the meeting when it was given to Town Clerk Darlene Nygren and Seachrist. Seachrist added that since the letter was addressed to him, he had to review it before giving a copy. He was reminded that the letter was referenced and submitted in an open public meeting. He did not respond.

Robbins said that customers not located in residential areas who pay the $7,000 fee because their buildings are being used commercially.

“It’s just an honest mistake,” Robbins said. “They are using it (the building) commercially. They need to pay the commercial fee.”

Muncie would like a meeting with BPU and town officials, but Muncie said the BPU declined. Town officials, Robbins said, would like to meet with Muncie, but no date has been set.