REGULAR MEETING
December 5, 2016
A regular meeting of the Town Board of the Town of Busti was held on Monday, December 5, 2016 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 Kenneth Lawton
Councilman Rudy Mueller
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 were: Highway Superintendent Melvin Peterson, Chief John Bentley, Attorney Joel Seachrist, Adam Glasier – Post Journal, Jonathan Mayr – Southern Tier West NYSERDA Clean Energy Communities Coordinator, Raymond Ayers, and Tim Young.
Town Clerk Darlene Nygren reported she had attended a New York State Town Clerks Association Regional Meeting in Buffalo. The speakers were Brenda Smith – Acting Community Program Director Rural Development, US Department of Agriculture and William Naylor – CIA, CFE representing the Office of New York State Comptroller. Ms. Smith presented Financing Programs for Community & Economic Development. Mr. Naylor presented Policies and Procedures to Manage Your Town.
Chief of Police John Bentley reported 9,608 incidents year to date, 421 incidents in the past two weeks. In the past month the department has reported 18 car accidents, 102 traffic tickets, 20 arrests, 1 hunting death investigation, and assisted 20 other agencies.
Highway Superintendent Melvin Peterson reported the department started working shifts this week.
Code Enforcement Officer Jeff Swanson reported he has been working with board members on the NYSERDA grant application and has signed up for the required training. He has been in contact with residents that are building without a permit. There was discussion of what would be the best method to inform residents of Code Regulations. No decision was made.
Supervisor Robbins noted it was 7:00 p.m. and time for the public hearing regarding the adoption of Local Law No. 4 of 2016 entitled “A Local Law to Establish Energy Benchmarking Requirements for Certain Municipal Buildings”.
Supervisor Robbins moved to open the public hearing, which was duly moved by Councilman Hanson.
Upon roll call vote, all aye, carried.
Proof of Publication was placed on file.
No one present spoke regarding the proposed law. Town Board members discussed the law, the following changes will be made – to eliminate Commissioner and Department under Definition.
Supervisor Robbins moved to close the public hearing at 7:08 p.m., which was duly moved by Councilman Mueller.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Mueller:
RESOLVED, to adopt Local Law No. 4 of 2016 entitled “A Local Law to Establish Energy Benchmarking Requirements for Certain Municipal Buildings” with changes as discussed.
Town of BUSTI
Local Law No. 4 for the year 2016
A LOCAL LAW TO ESTABLISH ENERGY BENCHMARKING REQUIREMENTS FOR
CERTAIN MUNICIPAL BUILDINGS
Be it enacted by the Town of Board of the Town of Busti, County of Chautauqua and State of New York, as follows:
SECTION 1. NEW CHAPTER REGARDING ENERGY BENCHMARKING
The Town of Busti Code is hereby amended to add a new Chapter 240, entitled “Municipal Building Energy Benchmarking”, which shall provide as follows:
CHAPTER 240: MUNICIPAL BUILDING ENERGY BENCHMARKING
- 240-1 Purpose.
Buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings-for the exact same building use. As such, this Local Law will use Building Energy Benchmarking to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Busti.
Collecting, reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide. Equipped with this information, the Town Board is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement.
- 240-2 Definitions.
- “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics.
- “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use, tracking that use over time, and comparing performance to similar buildings.
- “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the Town of Busti that is 1,000 square feet or larger in size.
- “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use.
- “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.
- “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area.
- “Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy.
- “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor.
- “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings.
- “Weather Normalized Site Em” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations.
- 240-3 Applicability.
- This Local Law is applicable to all Covered Municipal Buildings as defined in Section 240-2 of this Local Law.
- The Town Clerk may exempt a particular Covered Municipal Building from the benchmarking requirement if the Town Clerk determines that it has characteristics that make benchmarking impractical.
- 240-4 Benchmarking Required for Covered Municipal Buildings.
- No later than December 31, 2016, and no later than May 1 every year thereafter, the Town Clerk or his or her designee shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year.
- For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Town Clerk or his or her designee shall begin inputting data in the following year.
- 240-5. Disclosure and Publication of Benchmarking Information.
- The Town Clerk shall make available to the public on the internet Benchmarking Information
for the previous calendar year:
- No later than December 31, 2016 and by September 1 of each year thereafter for
Covered Municipal Buildings; and
- The Town Clerk shall make available to the public on the internet and update at least
annually, the following Benchmarking Information:
(a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and
(b) For each Covered Municipal Building individually:
(i) The status of compliance with the requirements of this Local Law; and
(ii) The building address, primary use type, and gross floor area; and
(iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and
(iv) A comparison of the annual summary statistics (as required by the preceding section) across calendar years for all years since annual reporting under this Local Law has been required for said building.
- 240-6 Maintenance of Records.
The Town Clerk shall maintain records as necessary for carrying out the purposes of this Local Law, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years.
- 240-7 Enforcement and Administration.
- The Town Clerk or his or her designee shall be the Chief Enforcement Officer of this Local Law.
- The Chief Enforcement Officer of this Local Law may promulgate regulations necessary for the administration of the requirements of this Local Law.
- Within thirty days after each anniversary date of the effective date of this Local Law, the Chief Enforcement Officer shall submit a report to the Town Board including but not limited to summary statistics on energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Town Clerk determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Local Law.
SECTION 2. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
SECTION 3. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted it was 7:15 p.m. and time for the public hearing regarding the adoption of Local Law No. 5 of 2016 entitled “A Local Law To Establish A Sustainable Energy Loan Program In The Town Of Busti”.
Supervisor Robbins moved to open the public hearing, which was duly moved by Councilman Hanson.
Upon roll call vote, all aye, carried.
Proof of Publication was placed on file.
No one present spoke regarding the proposed law. Town Board members discussed the law.
Supervisor Robbins moved to close the public hearing at 7:17 p.m., which was duly moved by Councilman Hanson.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Mueller:
RESOLVED, to adopt Local Law No. 5 of 2016 entitled “A Local Law To Establish A Sustainable Energy Loan Program In The Town Of Busti”.
Town of BUSTI
Local Law No. 5 for the year 2016
A LOCAL LAW TO ESTABLISH A SUSTAINABLE ENERGY LOAN PROGRAM IN THE TOWN OF BUSTI
Be it enacted by the Town of Board of the Town of Busti, County of Chautauqua and State of New York, as follows:
SECTION 1. NEW CHAPTER REGARDING THE ENERGIZE NY FINANCING PROGRAM
The Town of Busti Code is hereby amended to add a new Chapter 242, entitled “Energize NY Benefit Financing Program”, which shall provide as follows:
CHAPTER 242: ENERGIZE NY BENEFIT FINANCING PROGRAM
- 242-1 Legislative Findings; Intent and Purpose; Authority.
- It is the policy of both the Town of Busti and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The Town of Busti finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This chapter establishes a program that will allow the Energy Improvement Corporation (“EIC”), a local development corporation, acting on behalf of the Town of Busti, to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this chapter and fulfilling an important public purpose.
- The Town of Busti is authorized to implement this Energize NY Benefit Financing Program pursuant to Article 5-L of the New York General Municipal Law.
- This chapter shall be known and may be cited as the “Energize NY Benefit Financing Program Law of the Town of Busti”
- 242-2 Definitions.
For purposes of this chapter, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated:
- Authority – The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the public authorities law, or its successor.
- EIC – The Energy Improvement Corporation; a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of the Town of Busti to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this chapter) and providing for repayment of such funds from monies collected by the Town of Busti tax collector as a charge to be levied on the real property and collected in the same manner and same form as the Town of Busti taxes.
- Energy Audit – A formal evaluation or “assessment” of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property.
- Energy Efficiency Improvement – Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weatherstripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property.
- Qualified Property Owner – An owner. of residential or commercial real property located within the boundaries of the Town of Busti that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this chapter.
- Renewable Energy System – An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste,
- Renewable Energy System Feasibility Study – A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system.
- 242-3 Establishment of an Energize NY Benefit Financing Program.
- An Energize NY Benefit Financing Program is hereby established by the Town of Busti, whereby EIC acting on its behalf, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this chapter, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements.
- The funds provided shall not exceed the lesser of ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements.
- 242-4. Procedures for Eligibility.
- Any property owner in the Town of Busti may submit application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the Town of Busti offices.
- Every application submitted by a property owner shall be reviewed by EIC acting on behalf of the Town of Busti, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in subsection A of Section 242-5 of this chapter. EIC may also request further information from the property owner where necessary to aid in its determination.
- If a positive determination on an application is made by EIC acting on behalf of the Town of Busti, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under Section 242-6 of this chapter; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner.
- 242-5 Application Criteria.
- Upon the submission of an application, EIC, acting on behalf of the Town of Busti, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing:
- The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective by the Authority;
- The proposed Energy Efficiency Improvements and/or Renewable Energy Systems will generate an estimated annual cost savings greater than the annual charge payments;
- Sufficient funds are available to provide to the property owner;
- The property owner is current in payments on any existing mortgage;
- The property owner is current in payments of any existing real property taxes and
has been current on real property taxes for the previous three years; and
- Such additional criteria, not inconsistent with the criteria set forth above, as the Town of Busti or EIC acting on its behalf, may set from time, to time.
- 242-6. Opt-in; Energize Finance Agreement
- A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an Energize Finance Agreement made by and between the Qualified Property Owner and EIC, acting on the behalf of the Town of Busti.
- Upon execution of the Energize Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of the Town of Busti, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of Section 242-7 of this chapter have been met.
- The Energize Finance Agreement shall include the terms and conditions of repayment set forth under Section 242-8 of this chapter.
- 242-7. Energy Audit; Renewable Energy System Feasibility Study
- No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 242-2.
- No funds shall be made available for a Renewable Energy System unless determined ‘to be feasible through a Renewable Energy System Feasibility Study as defined in Section 242-2.
- The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved.
- 242-8. Terms and Conditions of Repayment.
The Energize Finance Agreement between the Qualified Property Owner and EIC acting on behalf of the Town of Busti, shall set forth the terms and conditions of repayment in accordance with the following:
- The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on their Town of Busti tax bill and shall be levied and collected at the same time and in the same manner as Town of Busti property taxes, provided that such charge shall be separately listed on the tax bill. The Town of Busti shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the Town of Busti tax due date.
- The term of such repayment shall be determined at the time the Energize Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of the Town of Busti.
- The rate of interest for the charge shall be fixed by EIC acting on behalf of the Town of Busti at the time the Energize Finance Agreement is executed by the property owner and EIC.
- The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon.
- 242-9. Verification and report
- EIC shall be responsible for verifying and reporting to the Town of Busti on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such program.
- The Town of Busti shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish.
SECTION 2. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
SECTION 3. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
Upon roll call vote, all aye, carried.
Councilman Mueller moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board adopt NY State Unified Solar Permit Application as the application form used for a building permit for solar PV installation. The Town of Busti Town Board will propose, in the future, a local law to be adopted that will address the Zoning Code impact on such applications (i.e. – setbacks, demolition, etc.)
Upon roll call vote, all aye, carried.
Discussion followed regarding the installation of an Electrical Recharging Station with public access. Councilman Hanson will obtain a proposal of the cost of a station.
Supervisor Robbins noted the town had received a proposal of $2,300.00, from J.E. Servis Plumbing and Heating Co., Inc., to install interior storm drain and eliminate the storm drain on the alley side of the Administration Building at 125 Chautauqua Avenue.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Mueller:
RESOLVED, to accept the proposal of $2,300.00, from J.E. Servis Plumbing and Heating Co., Inc., to install interior storm drain and eliminate the storm drain on the alley side of the Administration Building at 125 Chautauqua Avenue.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted Extreme Marine will be renting the Cold Storage area at the rear of 125 Chautauqua Avenue.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 20 from warrant #754 to and including warrant #790 in the amount of $123,625.52.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the November 16, 2016 Town Board Special Meeting and November 21, 2016 Town Board Meeting minutes, which was duly moved by Councilman Mueller.
All aye, carried.
Councilman Hanson asked Attorney Seachrist if he could explain Article X on the town’s ability to regulate large wind farms. Attorney Seachrist will forward the board a copy of Article X and a further explanation.
Councilman Hanson moved the following resolution, which was duly seconded by Councilman Mueller:
RESOLVED, the Highway Department be authorized to demolish the “Compressor House” extension at the rear of the 125 Chautauqua Avenue building.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to adjourn the meeting at 7:55 p.m., which was duly moved by Councilman Andrews.
All aye, carried.
Respectfully Submitted,
____________________________________
Darlene H. Nygren, Town Clerk