REGULAR MEETING
May 3, 2021
A regular meeting of the Town Board of the Town of Busti was held on Monday, May 3, 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.
Due to the COVID-19 pandemic, members of the public were not permitted to attend in person.
Present at the meeting in person: Highway Superintendent Melvin Peterson, Deputy Highway Superintendent Greg Johnson, Lakewood Busti Police Chief Chris DePonceau, Village of Lakewood Mayor Randy Holcomb, Village of Lakewood Trustee Ellen Barnes, via HD Meeting video or tele conference: Attorney Joel Seachrist, Jeremy Hasson, and Sage Ezell – CS Energy.
Supervisor Robbins announced Assessor Clerk Cathleen Andrews has retired after over 25 years of service. He thanked her for her work and dedication to the town over the years.
Town Clerk Darlene Nygren reported the new phones systems were installed and went live today. The installation had to be expedited due to the fact that the weekend power outage had destroyed the old system’s mother board. Windstream was able to organize a last-minute training that some of the office staff attended. The remaining staff can watch the video of the training and will be given an instruction sheet as well. The new computers for the Town Clerks office have been installed which allows the Town Clerk to access the records remotely; the Bookkeeper also has remote access.
Lakewood Busti Police Chief Chris DePonceau reported 717 calls from April 5, 2021 to May 3, 2021.
Highway Superintendent Melvin Peterson reported the department cleaned out 15 loads of debris from the outlet to the lake on Vukote canal. The Parks Department is building a new backstop for the grass softball field at Lawson Park. The Highway Department has been fixing road shoulders, ditching, and installing driveway pipes. Superintendent Peterson noted the roof on the Lawson Park pavilion needs to be repaired. He asked the board to authorize hiring a person for summer help. Eric Ecklof has been busy helping with the Parks Department which causes a shortage with highway workers. Discussion followed.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti advertise for temporary summer help. The applicants must be 18 years of age or older and available to work from May 24, 2021 through Labor Day, September, 6, 2021 and will be paid the NYS minimum wage rate. The job should be posted on the town’s website and in the main lobby.
Upon roll call vote, all aye, carried.
Councilman Gustafson stated the applicants should be willing to have a background check prior to being hired.
Highway Superintendent reported the department finished the work at Bentley Cemetery and will be assisting the Village of Lakewood DPW with brush pickup this week.
Discussion followed regarding planting the remaining four trees from the Swales project in Bentley Cemetery. Rock Inc will check with Andrew Johnson, EcoStrategies, to ensure the placement of the trees is in accordance to the approved grant.
Councilman Brown will work with Aaron Kier in preparing an estimate for the pavilion roof repair as well as an estimate for the back steps at 125 Chautauqua Avenue.
Highway Superintendent requested to move the Red 2003 Chevrolet 3500 1-Ton to surplus and put it up for sale.
Councilman Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Red 2003 Chevrolet 3500 1-Ton be declared surplus and to authorize Highway Superintendent Peterson to advertise it to be sold.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated according to Don McCord, the town should amend the descriptions of what Special Use Permits are permitted in each Zoning District. Attorney Joel Seachrist stated the board should review the current definition of Home Occupation; Councilman Hanson noted it was the Stand-Alone buildings that the board was concerned about.
Councilman Brown reported he and Clerk Nygren completed the FEMA application “Request for Public Assistance for COVID related expense” and submitted it to FEMA. The application has been approved through FEMA and the town can now begin to submit COVID PPE expenses that incurred from
January 20, 2020 through September 14, 2020. Clerk Nygren will ask the bookkeeper to provide a listing of those expenses; Councilman Brown and Clerk Nygren will review the expenses and submit them to a FEMA representative for review prior to submitting them for reimbursement.
Supervisor Robbins noted Chautauqua Lake and Watershed Management nominations for open Board of Director seats are due no later than May 6th. Discussion followed regarding the nomination.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti Town Board nominate Village of Lakewood Trustee Ellen Barnes to fill the Alliance Board of Directors Municipal Seat up for election in 2021.
Upon roll call vote: Aye Nay Abstain
Supervisor Robbins X
Councilman Brown X
Councilman Andrews X
Councilman Hanson X
Councilman Gustafson X
Carried.
Supervisor Robbins noted the current transfer stickers expire June 30th and the board needs to discuss the annual fee for the upcoming year. The contract with Beichner expires in September and Supervisor Robbins anticipates an increase in the next 3-year contract that will be bid out. Councilman Hanson suggested to change the expiration time for the new contract to April to coincide with the sale of the transfer stickers.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the price to purchase a one-year transfer station decal for the year 2021-22 be $110 to cover the increase of costs of operation.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Dog Control Office, Beth Moss, be authorized to attend a DCO seminar in Lancaster, NY on May 12, 2021.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti permit Southwestern Babe Ruth Softball League to use the softball fields at Lawson Park for their 2021 season. The league has filed their liability insurance certificate with the Town Clerk’s office.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted he, Planning Board members: Dave Paterniti and Jim Butler, and Attorney Joel Seachrist had a virtual meeting with Andrew Reilly, Director of Planning & Environmental Services with Wendel Engineering to discuss the proposed Large Scale Solar System project located on South Main Street. The following items were discussed – the Town of Busti’s intent to serve as “Lead Agency” for the application of Solar Liberty Energy Systems, Inc and enacting a moratorium on commercial battery energy storage systems.
TOWN OF BUSTI
RESOLUTION
SEQRA NOTICE OF INTENT TO SERVE AS LEAD AGENCY
FOR THE APPLICATION OF SOLAR LIBERTY ENERGY SYSTEMS. INC.
On motion of Councilman Hanson, seconded by Councilman Gustafson, the following resolution was adopted by the Town Board of the Town of Busti:
WHEREAS, Solar Liberty Energy Systems, Inc. has applied for a Special Use Permit to construct and operate a large-scale solar energy system at 1255 South Main Street Extension in the Town of Busti; and
WHEREAS, the Town Board has begun review of the application by referring it to the Town of Busti Planning Board for its review, report, and recommendation; and
WHEREAS, in accordance with the provisions of 6 NYCRR Part 617 (SEQRA), the Town Board intends to serve as Lead Agency for SEQRA review of this action and wishes to conduct a coordinated environmental review thereof;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the project is a Type I action for SEQRA purposes, states its intention to serve as Lead Agency. and will circulate Lead Agency Notices along with Part 1 of the Long Form Environmental Assessment Form and any other supporting documentation to all Involved Agencies, which shall be given 30 days from the mailing of the Lead Agency Notice to consent, while Interested Agencies will be given notice but not required to consent pursuant to 6 NYCRR Part 617.6.
VOTE
AYES: Supervisor Robbins, Councilman Brown, Councilman Andrews, Councilman Hanson, Councilman Hanson
NOES: None
ABSENT: None
DATE: May 3, 2021
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, a public hearing will be held by the Town Board of the Town of Busti, New York on Monday, June 7, 2021 at 7:00 p.m. at 125 Chautauqua Avenue, Lakewood, New York, regarding the adoption of Local Law No. 2 for the year 2021, which imposes a moratorium on municipal approvals for commercial Battery Energy Storage Systems through December 31, 2021.
Upon roll call vote, all aye, carried.
LBPD Chief DePonceau discussed New York State’s Marihuana Regulation and Taxation Act; he shared some of the concerns of the department regarding the long-term effects of the legislation. He has researched other states that have passed similar legislation and seen that there has been an increase in the crime rate, especially around shops selling the product, and an increase in people driving while impaired. Discussion regarding local laws municipalities can pass regarding retail dispensaries and/or on-site consumption sites. Attorney Joel Seachrist will email the board with timelines for passing such local laws.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 5 from warrant #173 to and including warrant #227 in the amount of $122,820.43.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the April 5, 2021 Regular Meeting; motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Andrews reported Shadyside Road resident, Rick Erickson, contacted him and wanted to thank the town’s highway department for their work on the ditch piping and their professionalism on the job.
Councilman Gustafson reported work on the Lakewood Busti Swales Project has begun again. The project areas on Shadyside Road and Summit Avenue will be completed and then construction will begin at the Southwestern Drive entrance for Davidson’s Restaurant.
Supervisor Robbins moved for the town board to enter into Executive Session for a personnel matter at 8:10. Motion was duly moved by Councilman Hanson.
All in favor carried.
Supervisor Robbins motioned to close the Executive Session and adjourn the meeting at 9:00 p.m. Motion was duly moved by Councilman Hanson.
All in favor, carried.
Respectfully Submitted, ________________________________
Darlene H. Nygren, Town Clerk