REGULAR MEETING
June 28, 2021
A regular meeting of the Town Board of the Town of Busti was held on Monday, June 28, 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 Todd Hanson
Councilman Paul Gustafson
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, Shirley Ecker, Tom Peterson, Jack Knowlton, Jamie Gustafson, Matt Stafford, Mike Hanselman, Pat Winkler, John Francisco, Aaron Kier, Mitch Quine, Sage Exell, Josh Pilling, Jim Mahony, and Mike Nygren.
Mike Hanselman, Big Tree Road resident, introduced himself and told the board he was interested in constructing an equestrian/fire arm building on his property with an outdoor range. Mr. Hanselman is a firearm instruction in Chautauqua County, owner of a Small Arms LLC, volunteer with the High School on Safety Arm Instructor, and a NRA Certified Fire Arm Instructor. The proposed outdoor range would be open only when he was instructing a class, which is always one on one with multiple students. The range would be at least 300 feet from the road. Councilman Gustafson recommended Mr. Hanselman check with NYS DEC regarding the lead content that would be left in the land. Discussion followed. Attorney Joel Seachrist stated he thought the business could be permitted in the CA District through a Special Use permit – limiting the acreage, setbacks, and safety features. Mr. Seachrist will investigate the options for such a business.
Supervisor Robbins noted it was 7:08 p.m. and moved to open the Public Hearing, pursuant to Sections 405.13(B)(4) and Section 405.27(G) of the Town of Busti Zoning Code, on the application of James Willett, 179 Hull Road, Waterford, Pennsylvania, for a Special Use Permit allowing him to construct a 10’ x 16’stand-alone accessory building on a vacant lot at Busti Stillwater Road, which parcel is designated on the official tax map of the Town of Busti as Section 438.00, Block 1, and Lot 5. Motion was duly moved by Councilman Andrews.
Proof of publication was placed on file.
No person present made comment on Special Use Permit application.
Supervisor Robbins moved to close the public hearing at 7:10 p.m. which was duly moved by Councilman Brown.
All in favor, carried.
RESOLUTION
Moved by Councilman Brown, seconded by Councilman Hanson:
WHEREAS, James Willett (hereinafter, the “Applicant”) has submitted an application to construct a stand-alone accessory building on a parcel owned by him on Busti-Stillwater Road that is designated on the Chautauqua County tax map as Section 438.00, Block 1, Lot 5, and
WHEREAS, the proposed use has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a short Environmental Assessment Form, and
WHEREAS, Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act requires this Board to determine and give notice of the environmental impact of the proposed use, and
WHEREAS, the Board has determined that the proposed use will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves Parts I and II of the Environmental Assessment Form, issues the attached Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed use, and authorizes the Supervisor to complete and sign the Environmental Assessment Form accordingly.
Upon roll call vote, all aye, carried.
TOWN OF BUSTI
SPECIAL USE PERMIT
Action of the Board:
To consider the application of James Willett for a Special Use Permit to construct a stand-alone accessory building on a parcel owned by him on Busti-Stillwater Road that is designated on the Chautauqua County tax map as Section 438.00, Block 1, Lot 5.
Resolution moved by: Supervisor Robbins
Seconded by: Councilman Andrews
WHEREAS, James Willett (hereinafter, the “Applicant”) has requested a Special Use Permit authorizing him to construct a stand-alone accessory building on a parcel owned by him on Busti-Stillwater Road that is designated on the Chautauqua County tax map as Section 438.00, Block 1, Lot 5, and
WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been addressed, and a Negative Declaration has been issued after examination of the record and a public hearing, and
WHEREAS, the Town Board has considered all the facts and papers before it, and has heard those wishing to be heard at a public hearing held June 28, 2021 and finds justification to approve the application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application for a Special Use Permit to construct a stand-alone accessory building (the “Use”), be and hereby is authorized and approved subject to the conditions and requirements hereinafter set out:
- The Applicant shall undertake the Use in accordance with application submitted to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application, the conditions of this permit, and the Town of Busti Zoning Code.
- The terms, conditions, and requirements of this permit bind and obligate the Applicant, his successors, and assigns. This permit shall not be assigned or transferred, in whole or in part, without the prior written consent of the Town, except as otherwise herein noted.
- Any failure or omission on the part of the Applicant to carry out any condition or requirement herein or in accordance with the terms or requirements of any statute, local law, ordinance or regulation, may be deemed a violation of the Town of Westfield Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the Applicant, may subject them to the penalties therein. Continued violations after written notice may result in revocation of this Special Use Permit.
- This Special Use Permit shall become effective after the Applicant approves each and every provision hereof and agree to be bound by all of the terms herein contained in consideration of the granting of this Special Use Permit.
Dated: June 28, 2021
Vote: Aye Nay
Supervisor Robbins X _____
Councilman Brown X _____
Councilman Andrews X _____
Councilman Hanson X _____
Councilman Gustafson X _____
* * * * * *
The Applicant, James Willett, agrees to abide by all the terms of this Special Use Permit.
Dated:
_______________________________________
James Willett
Supervisor Robbins noted the board checked with the Town of Ellicott and the Village of Falconer regarding an Ordinance or Local Law for feral cats, neither municipality has one. Ms. Ecker, town resident, who is dealing with feral cats in her neighborhood stated the situation is not getting any better. Discussion followed.
Attorney Seachrist stated a local law requires enforcement; he will research for a solution to the issue.
Mitch Quine, CS Energy, introduced himself and his colleague, Sage Ezell. He passed out an information sheet on CS Energy and reviewed it. CS Energy is an integrated energy company that develops, designs, and builds optimized projects in the solar, storage, and emerging energy industries across the United States. The company is working on a proposed solar project in the towns of Busti and Kiantone. The expected project area is 550-700 acres of which 150-300 acres are in the Town of Busti. The land lease acquisition process is at 65%. CS Energy has hired independent environmental consultants to begin a detailed study. They used intentional siting to minimize impact on the most productive soils and actively managing viewshed. They targeted a mix of forested and agricultural land; they propose building out of sight of dense residential areas and away from major roadways. The proposed project will produce enough clean energy to power over 20,000 homes, increase revenue for the town and school districts in Busti, reduce electricity bills, and provide hundreds of construction jobs.
Councilman Gustafson shared Lakewood Busti Chief of Police DePonceau’s report – there were 1,603 incidents from May 3 through June 28th. The department was called to an incident where a 3-year-old child almost drowned. Chief DePonceau reminded residents to always have a keep your pool locked. The department has had several complaints regarding illegal fireworks. The only legal firework in New York State is “sparklers”.
Busti Fire Department Chief, Matt Stafford, reported the department has had 203 incidents ytd compared to 174 last year. The month of June has had 28 – EMS, 28 – Fire, 4 – MVA, and 9 – Service Calls. The departments annual physicals are scheduled for July 24th.
Jack Knowlton reported Lakewood Fire Department had 75 calls this month and used the helipad was used twice this month.
Town Clerk Darlene Nygren reported her department has sold 466 Transfer Station Stickers for 2021-22 compared to 479 last year. Clerk Nygren she has been working on the FEMA COVID-19 grant but has had several technical issues with the grant portal.
Deputy Highway Superintendent Greg Johnson reported the department oiled and stoned 5 miles of road including Creek, Wing, Simmons, and Northrup roads. The roadside mower has been out working. The department had installed a couple ditch pipes for driveways. There was a tree that went down at the Cotter Farm, the department worked at removing the tree. Deputy Johnson received a call from a Copper Ridge resident regarding the retention ponds in that area. She was concerned that the ponds were not fenced in. Discussion followed; no decision was made. Deputy Johnson will report back to the resident. The Highway Department’s compressor has broken and is not repairable, Deputy Johnson found a new replacement at a price between $1,500 – 2,000. Councilman Hanson noted that anything over $1,000 and less than $3,000 would require getting to quotes. Deputy Johnson asked the board what they wanted to do with the back steps at 125 Chautauqua Avenue. Discussion followed, it was decided to patch the stairs as a temporary fix and put the job out for bid when the cost of construction materials begins to drop. Deputy Johnson noted the roof at the Lawson Park pavilion is in desperate need to be replaced. Discussion followed.
Councilman Brown moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Deputy Highway Superintendent Greg Johnson be authorized to advertise for bids to repair the Lawson Park pavilion roof including installing a metal roof over the existing shingles. The bids will be due and opened Friday, July 30, 2021 at 12 p.m. (noon); the bids will be presented to the board at the August 2, 2021 Town Board meeting.
Upon roll call vote, all aye, carried.
Deputy Highway Superintendent Johnson will work with Clerk Nygren to create the specs for the project.
Deputy Highway Superintendent Johnson noted the Loomis Park basketball and tennis courts are both in need of repair. He received a quote of $8,700 to repair the basketball court and $14,000 to repair the tennis court. The board discussed repairing the basketball court this year and the tennis court next year. According to the town’s procurement policy, the basketball court will require two quotes and the tennis court will require getting three quotes. Deputy Superintendent Johnson will work on getting another quote.
Supervisor Robbins noted the current local law to extend the moratorium on utility distribution facilities will expire July 31, 2021.
Supervisor Robbins moved to set a public hearing for Local Laws 4 of 2021 – “Utility Distribution Facilities”. The public hearing will be held on August 2, 2021 at 7:15 p.m. Motion was duly moved by Councilman Hanson.
Deputy Superintendent Johnson stated the disc golf poles are breaking down and need replaced. He did a quick research and found to replace the current poles and install the regulation baskets would cost $2,500+. Councilman Gustafson stated he remembered the gentleman who presented the Disc Golf course plan said the town would not be responsible for any cost related to the course. Clerk Nygren will email the gentleman and clarify their intention.
Deputy Superintendent Johnson noted the are several Town of Busti road signs that need replaced due to the reflective letters/numbers being worn out. There are 88 curve and 8 4-way stop signs. Supervisor Robbins will contact Greg and discuss the matter further.
Code Enforcement Officer Jeff Swanson stated according to NYS Building Code all pools are required to have a lockable ladder or latch, an electrical inspection, and a pool alarm. Mr. Swanson has created a new cover sheet for Building Permit applications and presented it to the board for their review.
Jamestown Heating & Air Systems submitted a proposal for annual maintenance on the (3) rooftop units and (2) Reznors at the Administration Office. The proposal was $420.80 per visit; $841.60 per year; or $2,524 for a 3-year contract. Discussion followed.
Councilman Hanson moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti Town Board approve the per visit (6-month) proposal for maintenance on the (3) rooftop units and (2) Reznors at the Administration Office in the amount of $420.80 per visit.
Upon roll call votes, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Supervisor Robbins be authorized to apply for 84 Lumber Credit.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted DEC had met with Code Enforcement Officer Swanson on May 20, 2021 and completed a National Flood Insurance Program (NFIP) floodplain management audit. They submitted their report and findings to CEO Swanson. Attorney Seachrist asked to discuss the matter in Executive Session under Attorney/Client privilege.
Supervisor Robbins reported the town received two applications for the Town of Busti Highway Superintendent position; he and Councilman Gustafson interviewed both candidates. One candidate has withdrawn their application and the remaining applicant is Deputy Highway Superintendent Greg Johnson. Supervisor Robbins opened discussion regarding appointing Mr. Johnson to the position and his salary.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Greg Johnson be appointed as Highway Superintendent, effective immediately, with an annual salary of $70,000. The position of Deputy Highway Superintendent will be posted after the upcoming election.
Upon roll call vote, all aye, carried.
Discussion followed regarding posting for a new MEO employee. Applications due August 13th.
Matt Stafford asked why the town requires a Class A license for MEO applicants. Discussion followed.
The town board will discuss changing the requirement to Class B at the August 2nd meeting after reviewing the Employee Handbook and any other outside requirements.
Supervisor Robbins reported the BMX group that had inquired about using town property for a new track has now made an agreement with Stateline Speedway to relocate their track to their property.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Supervisor Robbins be authorized to submit the APRA application by July 9, 2021.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti renew their membership with Chautauqua Lake and Watershed Management Alliance for the year 2021 – 2022 at the fee of $2,000.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Tera Darts be authorized to apply for the following memberships – Multiple Listing Service – yearly membership is $445; Chautauqua County Assessor’s Association – annual membership is $120; and NYS Assessor’s Association – membership is based on the number of towns and is approximately $145.
Upon roll call vote, all aye, carried.
RESOLUTION
Supervisor Robbins moved the following resolution, which was duly seconded by Councilman Hanson:
RESOLUTION AUTHORIZING TERMINATION OF ASSESSING AGREEMENT WITH CITY OF JAMESTOWN AND CONTINUATION OF COORDINATING ASSESSING PROGRAM WITH THE TOWNS OF ELLICOTT, CARROLL, KIANTONE, AND HARMONY
WHEREAS, the Town has entered into a Coordinated Assessing Program with the City of Jamestown, and provides assessing services to the Towns of Ellicott, Carroll, Kiantone, and Harmony pursuant to Section 119-o of the General Municipal Law; and
WHEREAS, on June 7, 2021, the Town of Busti resolved to terminate its agreement with the City of Jamestown and to hire its own Assessor to provide services formerly conducted by the City Assessor; and
WHEREAS, the Town of Busti intends to continue its coordinated assessment agreements with the Towns of Ellicott, Carroll, Kiantone, and Harmony and to provide assessing services to them;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Busti, in special session duly convened, does hereby:
- Re-affirm its resolution of June 7, 2021, authorizing the Supervisor to notify the City of Jamestown of the Town’s intent to terminate its assessing agreement with the City, effective September 14, 2021; and
- State its intention to continue providing assessing services to the Towns of Ellicott, Carroll, Kiantone, and Harmony, pursuant to the existing agreements with those towns; and
- Re-affirm the said agreements with the Towns of Ellicott, Carroll, Kiantone, and Harmony, except insofar as where in such agreements it provides that any records will be stored at the City of Jamestown offices, they shall now be read to state that each town’s records will be stored at its own town office.
Upon roll call vote, all aye. Carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Code Enforcement Officer Swanson and Fire Inspector Wilfong to attend WSTBOA Educational Conference – September 15-17 at the Harbor Hotel, Celeron, NY.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to change the August 9, 2021 Town Board meeting to August 2, 2021; duly moved by Councilman Hanson.
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 and the Highway Fund, Abstract No. 7 from warrant #312 to and including warrant #354 in the amount of $217,853.11.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the June 7, 2021 Regular Meeting; motion was duly moved by Councilman Brown.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Cathy Andrews be authorized to work with Tera Darts and assist in training her in the Assessor Clerk’s responsibilities. Mrs. Andrews can work up to 30 hours per week at a pay rate of $17 per hour and paid through a voucher.
Upon roll call vote, all aye, carried.
Councilman Andrews reported the Swales project has restarted. He requested to have the list of pending business to include pending items that Joel is working on. Councilman Andrews stated he would like to discuss the town donating funds to Chautauqua Lake Association at the August Town Board meeting.
Councilman Hanson noted the town received a request from Betsy Dahlgren to permit to bury her mother-in-law’s, Louis Ann Dahlgren, ashes in the vacant grave site next to Cynthia Helen Wren. Ms. Wren passed away June 9, 1991 and it was her intent that Louise be buried next to her. Ms. Dahlgren was given a letter written to Lind Funeral Home, from Cynthia’s only living relative, relinquishing any claim on the grave. The said grave is located in Busti Cemetery Section 2 Lot 228 Grave 1. Discussion followed.
Councilman Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti authorize the burial of Louis Ann Dahlgren’s ashes to be buried in Busti Cemetery Section 2 Lot 228 Grave 1, pending verification that Lind Funeral Home has the original said letter on file. The grave is deeded to Cynthia Helen Wren who passed away on June 4, 1991.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to enter into executive session at 8:25 p.m. for Attorney-Client Privilege, motion was seconded by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved to adjourn the meeting at 9:10 p.m. which was duly moved by Councilman Hanson.
All in favor, carried.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk