REGULAR MEETING
June 3, 2019
A regular meeting of the Town Board of the Town of Busti was held on Monday, June 3, 2019 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 Rudy Mueller
Councilman Kenneth Lawton
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 were: LBPD Chief John Bentley, Code Enforcement Officer Jeff Swanson, Attorney Joel Seachrist, Deputy Town Clerk Susan Huffman, Naomi Smith, Shirley Brown, and Post Journal Reporter – Eric Zavinski.
Town Clerk Darlene Nygren reported she distributed updated Employee Handbooks to all employees, the updates include the Computer Internet Use policy and Sexual Harassment Policy. Clerk Nygren noted the Highway Employees have completed the NYS required training for Sexual Harassment Prevention; the Administration Office Employees have been given the links for the two-part online training and should complete the training within the next month.
Chief John Bentley reported the department has handled 4,015 incidents ytd and 394 since his last report to the town board. The department participated in the Buckle Up NY program from May 20th through June 3rd and was at Range Training today. Residents should be aware there has been an increase in burglaries; and as always should keep their homes locked and secure.
Code Enforcement Officer Jeff Swanson reported he continues to deal with Property Maintenance issues and the number of Building Permit applications has increased. CEO Swanson noted the outside stairway, to the Holding Center area, need to be reconstructed with the stairs placed on the east side of the platform. Supervisor Robbins asked if Mr. Swanson to look at the roof drains, the courtroom/boardroom had a water leak this past weekend and a few ceiling tiles need replaced. CEO Swanson asked the board if there was any more thought of combining the Planning Board and Zoning Board of Appeals. Discussion followed. Attorney Joel Seachrist noted the Town Board could establish an Administrative Variance, giving the Code Enforcement Officer the authority to grant variances for Building Projects that fall under certain criteria. Mr. Seachrist will research both combining the boards and the Administrative Variance and report back to the board.
Attorney Joel Seachrist has not heard from Attorney Bill Wright regarding the meeting with the City of Jamestown, Town of N. Harmony, and the Town of Busti to discuss the Water & Sewer Agreement. Mr. Seachrist also noted he is working on an analysis on Telecommunication Tower regulations and will present the analysis to the board.
Supervisor Robbins noted it was 7:00 p.m. and moved to open the public hearing on Local Law 2019-1 – A Local Law Known and to be cited as the Amendment to Local Law No. 1 of 2018 to Extend a Moratorium on Commercial Wind Facilities within The Town of Busti, motion was duly moved by Councilman Mueller.
All in favor, carried.
Supervisor Robbins asked for public comment, no one present made comment. Attorney Joel Seachrist noted the board passed Local Law 2018-1 Enacting a Moratorium on Commercial Wind and Solar Energy Facilities. Since that time the board was successful adopting a Solar Energy Law. This law would extend the moratorium on Commercial Wind Facilities through November 30, 2019.
Supervisor Robbins moved to close the public hearing at 7:02 p.m., which was duly moved by Councilman Lawton.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, the Town of Busti Town Board adopt the following Local Law No. 1 of 2019
TOWN OF BUSTI
LOCAL LAW NO. 1 of 2019
A LOCAL LAW KNOWN AND TO BE CITED AS THE AMENDMENT TO LOCAL LAW NO. 1 OF 2018 TO EXTEND A MORATORIUM ON COMMERCIAL WIND FACILITIES WITHIN THE TOWN OF BUSTI
Be it enacted by the Town Board of the Town of Busti as follows:
SECTION 1. Purpose and Intent
Previously, in Local Law No. 1 of 2018, the Town Board of the Town of Busti (“Town Board”) adopted a one year moratorium, beginning in June 2018, on applications or proceedings for applications for, the review of applications, or the issuance of approvals or permits for the construction of Commercial Wind Energy Facilities and Commercial Solar Energy Facilities within the Town of Busti, as those terms were defined with the said law. Since the adoption of the Moratorium, the Town Board has adopted a comprehensive set of regulations on Commercial Solar Energy Facilities but has not yet been able to complete regulations for Commercial Wind Energy Facilities. The Town Board has determined that in order to complete the drafting and review of such regulations, it is necessary to extend the Moratorium for an additional six months with regard to Commercial Wind Energy Facilities only.
SECTION 2. Extension
Local Law No. 1 of 2018 is hereby amended to extend its provisions with regard to Commercial Wind Energy Facilities for another six (6) months, or, for clarity’s sake, until November 30, 2019. Any provision of said law related to Commercial Solar Energy Facilities is hereby deemed to have been superseded by the adoption of Local Law No. 4 of 2018, entitled “A LOCAL LAW ENACTING REGULATIONS FOR SOLAR ENERGY SYSTEMS.”
SECTION 3. Validity
The invalidity of any provision of this Local Law shall not affect the validity of any other portion of this Local Law which can be given effect without such invalid provision.
SECTION 4. Effective Date
This Local Law shall take effect immediately upon filing in the office of the Secretary of State.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the Justice Department has received several applications for the position of Deputy Court Clerk. The new clerk will replace current Deputy Court Clerk Nancy Jordan upon her retirement. Discussion followed regarding the position and the starting pay rate. Councilman Lawton and Councilman Andrews will discuss the matter further and present a recommendation at the June 17th Town Board meeting.
The board discussed what date should be set to cut off admission to the town’s transfer station with a 2018-19 sticker.
Supervisor Robbins moved to set Saturday, August 3, 2019 as the last day to allow residents to use the Town of Busti transfer station with a 2018-19 sticker, which was duly moved by Councilman Andrews.
All in favor, carried.
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. 7 from warrant #290 to and including warrant #335 in the amount of $32,851.76.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the May 20, 2019 Regular Town Board meeting minutes; motion was duly moved by Councilman Mueller.
All in favor, carried.
Supervisor Robbins read a letter from Edward J. McCague, Village of Lakewood Deputy Mayor, on behalf of the Village of Lakewood Board of Trustees, thanking the Town of Busti Town Board for the assistance with this year’s herbicide treatment program. Deputy Mayor McCague noted, with the assistance from the town, the Village of Lakewood was able to treat 74.5 acres or 100% of the NYSDEC permitted acreage in Lakewood.
On May 6, 2019 the Town of Busti Town Board allocated $10,000 from Account A8090.4-Environmental Control to the Village of Lakewood to assist with herbicide application, with the stipulation that it can only be used for that purpose.
Supervisor Robbins moved to adjourn the meeting at 7:14 p.m. which was duly moved by Councilman Lawton.
All in favor, carried.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk