REGULAR MEETING (Draft)
February 1, 2021
A regular meeting of the Town Board of the Town of Busti was held on Monday, February 1, 2021 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York and via HD meeting video or tele conference, with the following members present:
Supervisor Jesse M. Robbins
Councilman Jim Andrews
Councilman Doug Brown
Councilman Paul Gustafson
Councilman Todd Hanson
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
All present practiced social distancing as advised under NYS FORWARD directive.
Randy Graham of Slone Melhuish Insurance gave an overview of the insurance proposal for the Town and explained that from the original amount of $32,904, there will be a reduction of $396 for supplemental uninsured motorist coverage and a yet-to-be-determined reduction for a lowered value on two highway vehicles.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Andrews:
RESOLVED, to pay the insurance premium as presented by Randy Graham when the bill is finalized.
Upon roll call vote, all aye, carried.
Highway Superintendent Melvin Peterson reported that the department has been busy with recent snowfalls.
Councilman Hanson stated he has spoken to Don McCord regarding stand-alone structures as part of proposed Local Law 6 -2020. Mr. McCord is putting together a report on recommended changes based on all discussions that have taken place thus far and will have it ready for the Board to review prior to the next meeting. Supervisor Robbins recommended discussion on the proposed Local Law 6 -2020 be tabled until the next board meeting, March 1, 2021.
Supervisor Robbins stated he spoke to Village of Lakewood Mayor Holcomb regarding fire inspection fees for the public libraries, fire departments and churches, and the Village position was that those entities should be fee-free. Discussion followed.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Andrews:
RESOLVED, that no fees will be charged for fire inspections of the public libraries, fire departments and churches.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted receipt of a solar project review proposal from Wendel, and noted he is waiting on hardcopy submission of a second company’s proposal, which had previously been submitted in email format. Discussion followed, with the Board determining they would like to get a firmer price from both companies before forwarding the proposals to the Planning Board.
Supervisor Robbins noted it was 7:00 p.m. and moved to open a Public Hearing regarding the adoption of Local Law No. 1 for the year 2021, which extends a moratorium on municipal approvals for Utility Distribution Facilities through July 31, 2021. Motion was duly moved by Councilman Andrews.
All in favor, carried.
Proof of publication was placed on file.
No person present made comment on the local law.
Supervisor Robbins noted it was 7:01 p.m. and moved to close the public hearing which was duly moved by Councilman Andrews.
All in favor, carried.
TOWN OF BUSTI
LOCAL LAW NO. 1 FOR THE YEAR 2021
A LOCAL LAW TO EXTEND THE MORATORIUM ON UTILITY DISTRIBUTION FACILITIES
Resolution moved by: Supervisor Robbins
Seconded by: Councilman Andrews
Be it enacted by the Town Board of the Town of Busti as follows:
Section 1. Title.
This Local Law shall be referred to as the “Local Law to Extend the Moratorium on Utility Distribution Facilities in the Town of Busti”.
Section 2. Purpose and Intent.
By Local Law No. 5 of 2020, the Town Board of the Town of Busti enacted a moratorium on the processing and approval of new applications for a utility distribution facility that lasted through January 31, 2021,
The Town Board, in conjunction with the Town Planning Board, is undertaking a comprehensive review of the Town Zoning Law relating to utility distribution facilities, and the Town Board’s desires to complete its review of the Zoning Law free from any pressure or concerns related to timing concerns raised by the expiration of the moratorium. It is anticipated the Town Board will need additional time to complete this process, the related environmental review, and the required procedure for the adoption of a local law. Accordingly, the Town Board desires to extend the current moratorium for an additional six (6) month period, or to July 31, 2021.
The Town Board finds that pursuant to 6 N.Y.C.R.R. 617.5(c)(30) the extension of the moratorium is a Type II action under the New York State Environmental Quality Review Act (“SEQRA”) which has been determined not to have a significant impact on the environment or is otherwise precluded from environmental review under Article 8 of the Environmental Conservation Law and is therefore not subject to review under 6 N.Y.C.R.R. Part 617 or the Environmental Conservation Law.
Section 3. Moratorium; Extended Term.
- Local Law No. 5 of 2020, imposing a moratorium on the on the review and approval of utility distribution facilities in the Town of Busti shall be extended for a six (6) month period of time through July 31, 2021.
- Except as otherwise amended herein, all provisions of Local Law No. 5 of 2020, including but not limited to the scope of controls and hardship variance procedures contained therein, shall be extended for a six (6) month period of time through July 31, 2021.
Section 4. Application.
The moratorium imposed by Local Law No. 5 of 2020 was not intended to and does not apply to the installation, repair, and replacement of mains, pipes, and appurtenances done by natural gas utilities regulated by the New York State Department of Public Service.
Section 5. Severability.
The invalidity of any word, section, clause, paragraph, sentence, part, or provision of this local law shall not affect the validity of any other part of this law which can be given effect without such invalid part or parts.
Section 6. Suspension and Supersession of Other Laws.
All local laws in conflict with the provisions of this Local Law are hereby superseded and suspended through July 31, 2021. This Local Law also supersedes, amends, and takes precedence over any inconsistent provisions of New York Town Law under the Town’s Municipal Home Rule powers, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3), §10(1)(ii)(a)(14), and §22. In particular, this Local Law supersedes any inconsistent provisions of New York Town Law §267, §267-a, §267-b, §274-a, §274-b, §276 and §277 for the purpose of vesting the Town Board of the Town of Busti with the authority to accept, hear, process and determine applications for variances from this Local Law.
Section 7. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State in accordance with the Municipal Home Rule Law of the State of New York.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to permit the Southwestern Soccer Club use of the Loomis Park fields for the upcoming spring, summer and fall seasons, subject to proof of insurance. Motion was duly moved by Councilman Andrews.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 16 from warrant #771 to and including warrant #798 in the amount of $16,863.44 and Abstract No. 2 from warrant #11 to and including warrant #47 in the amount of $347,271.53.
Upon roll call vote, 4 ayes (Supervisor Robbins, Councilman Brown, Councilman Andrews, Councilman Gustafson), 1 abstain (Councilman Hanson). Carried.
Supervisor Robbins motioned to accept the January 4, 2021 Organization Meeting minutes; motion was duly moved by Councilman Andrews.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, that the Busti Town Board members be authorized to meet individually as assigned with the appropriate department heads to conduct an annual audit of accounts for the Town Clerk, Tax Collector, Justice Court and Town Supervisor.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to adjourn the meeting at 7:25 p.m.
All in favor, carried.
Respectfully Submitted, ________________________________ Susan Huffman, Deputy Town Clerk