Town Board - October 18, 2021

REGULAR MEETING

October 18, 2021

A regular meeting of the Town Board of the Town of Busti was held on Monday, October 18, 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 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.

Present at the meeting in person: Highway Superintendent Greg Johnson, Jamie Gustafson, Doug Peterson, Peter Beeson, Solar Liberty representatives – (Nathan Rizzo, Adam Rizzo, and Paul Lovoie), and Mike Nygren.

Doug Peterson, Trask Road resident read the following letter to the Town Board and presented other documents relating to the building and establishing the Busti Trap & Skeet Club. Mr. Peterson stated the original agreement was not only for a trap and skeet facility but also to conserve and propagate wildlife. He noted one document stated the club members would be shooting with shot guns only and would be directed into the North. Mr. Peterson stated at the time the club was approved they were to have shooting on Tuesdays and Thursdays from 3-4 p.m. and 7-8 p.m. and on Saturdays from 8 a.m. for special shoots. He stated the residents who collaborated in writing the letter are not against the trap club or the shooting they are asking that the club follow the guidelines of the original permit which includes shooting with shot guns only, having regulated shooting hours established by the club, He asked the board to read through the material and respond to the Better Busti group.

Town Clerk Darlene Nygren stated her office didn’t have any new items to report, she will be working with the Supervisor’s office to finalize the 2022 Preliminary Budget and begin preparing for the upcoming tax collection. At this time, her office is using this time to work on items that get set aside when it is busier.

Highway Superintendent Greg Johnson reported the Highway Department has been working on getting caught up on installing pipes for driveways, doing tree trimming, and getting ready for winter. The department attended a NYMIR webinar on Safety during snow and ice removal.

Superintendent Johnson noted he is recommending the Town of Busti hire Steve McKinsey for the Parks Department and move Aaron Kier to the Highway Department. Mr. McKinsey is currently employed at the Village of Lakewood and has his CDL.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:

RESOLVED, Steve McKinsey be hired as a full-time employee for the Parks Department, subject to a background check, and be paid a rate of $17 per hour and effective November 1, 2021. Mr. McKenzie will be required to complete any state mandated training or provide proof of completion while employed elsewhere.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:

RESOLVED, Aaron Kier be transferred from the Parks Department to the Highway Department effective November 1, 2021 at the same rate of pay.

Upon roll call vote, all aye, carried.

Superintendent Johnson stated he is working with the dealer on the purchase of the new truck. He will be submitting a letter of intent to Five Star Equipment for the purchase of the excavator.

Code Enforcement Officer Jeff Swanson had no report.

Attorney Joel Seachrist reported he had sent an email to the Town Board with a draft of the amended Utility Distribution law. He asked the board to review it and get back to him with any recommendations or questions. Councilman Gustafson noted the law does not disrupt any major utilities. Supervisor Robbins noted a public hearing has been set on the amended law for November 1, 2021 at 7:00 p.m.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:

TOWN OF BUSTI

RESOLUTION

SEQRA NOTICE OF INTENT TO SERVE AS LEAD AGENCY

FOR THE APPLICATION OF ECOSPONSIBLE LLC

On motion of Supervisor Robbins, seconded by Councilman Brown, the following resolution was adopted by the Town Board of the Town of Busti:

WHEREAS, ECOsponsible LLC. has applied for a Special Use Permit to construct and operate a large-scale solar energy system at 4542 Baker Street 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 Gustafson

NOES: None

ABSENT: None

DATE: October 18, 2021

Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:

RESOLVED, the following changes be made to the 2022 Tentative Budget:

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 Town Board set a public hearing on the 1^st day of November, 2021, at 7:15 p.m. regarding the 2022 Preliminary Budget.

Upon roll call vote, all aye, carried.

Peter Beeson asked if he could speak to the board regarding the letter addressing the trap club concerns. He noted the residents main concern is with the type of gun being used, the hours that the shooting is taking place, the fact that the shots are not directed to the north, and the glare from the lights.

The representatives from Solar Liberty spoke on their application for a Large-Scale Solar project located at 1192 Orr Street. The project would include 31 acres in the Conservation Agricultural (CA) District. There would be no lighting, they would work with the town for the screening, they believe the proper setbacks are met, and the land would not be disrupted as the arrays would be installed with posts that would be pounded in the ground. Code Enforcement Officer Swanson noted he had sent Solar Liberty a list of items needed to complete the application. He recommends the Town Board refer the application to the Planning Board for a site plan review, with the stipulation that a Planning Board meeting date not be set until Solar Liberty submits all the items on the list.

Councilman Hanson moved the following resolution which was duly moved by Councilman Gustafson:

RESOLVED, the Town of Busti Town Board refer Solar Liberty’s application for a Large-Scale Solar project located at 1192 Orr Street to the Planning Board for a site plan review, recommending the Planning Board not set the meeting date until the items have been submitted to complete the application.

Upon roll call vote, all aye, carried.

Councilman Hanson moved the following resolution which was duly moved by Councilman Brown:

RESOLVED, Solar Liberty and the Town of Busti sign an agreement for the payment of Municipal Engineering Expenses for the Large-Scale Solar project application located at 1192 Orr Street.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:

RESOLVED, Supervisor Robbins be authorized to sign the following Water Agreements with Jamestown Board of Public Utilities.

Upon roll call vote, all aye, carried.

WATER AND SEWER AGREEMENT

(Busti-Jamestown Direct)

THIS AGREEMENT, is made and entered into this __________day of ___________________, 2021, by and between THE CITY OF JAMESTOWN, NEW YORK, a municipal corporation by its BOARD OF PUBLIC UTILITIES, having its principal office at 92 Steele Street, Jamestown, New York 14701 (hereinafter referred to as the BPU) and TOWN OF BUSTI, NEW YORK, a municipal corporation having its principal office at 125 Chautauqua Avenue, Lakewood, New York 14750 ( hereinafter referred to as the TOWN) .

W I T N E S S E T H:

WHEREAS, the BPU, owns and operates a potable water system and a sanitary sewage system within the City of Jamestown (“City), and provides water and sewer services to multiple surrounding municipalities pursuant to intermunicipal water supply agreements, and

WHEREAS, the TOWN has previously formed water and sanitary sewer districts within the Town, and currently receives water and sewer services from the BPU pursuant to an agreement dated September, 2001 between the BPU and the TOWN, which Agreement was extended on December 22, 2011, and

WHEREAS, pursuant to paragraph 1 of the December 22, 2011 extension, the current Agreement expires on October 31, 2021, and

WHEREAS, the BPU desires to continue to provide water and sanitary sewage services to the TOWN and the TOWN desires to use the water and sewage services of the BPU,

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

The BPU hereby agrees to provide sewer and water service to any residential, commercial or industrial customer within the Town of Busti through its water and sewer districts which districts request sewage collection and water service.[1]
Water and sewer services shall be provided at the cost of Two Hundred Percent (200%) of the rate charged for comparable water and sewer service within the City. The TOWN through its districts, authorizes the BPU to bill charges due from users either in the name of the BPU or the name of the TOWN.
Included within the Two Hundred Percent (200%) rate as stated above, will be the BPU’s obligation to perform all billing and collection services for water and sewer services within the Town.
The TOWN agrees to reimburse the BPU for any reported individual water or sewer bills unpaid by any user within the Town for a period in excess of Sixty (60) days after the due date of such bill as follows: By November 1^st of each year, the BPU may report the unpaid bills to the TOWN on a list containing a description of the property served sufficient to identify it, the tax map number, the names of the persons or corporations liable to pay the same, and the amounts chargeable. The TOWN shall include the past due amounts on the tax bills to the property owners and shall pay the BPU the past due amounts within thirty (30) days of receipt thereof by the TOWN. Nothing in this paragraph shall be read to restrict the rights of the BPU to collect past due amounts through normal collection procedures, including the right to disconnect water and sanitary service to the customer.
In consideration of the Two Hundred Percent (200%) rate for water and sewer services as stated above, the BPU agrees to perform the normal operation, maintenance, and repair of the existing water distribution system, including fire hydrants, and sewage collection system located within the TOWN to the same standard applied to the water and sewage lines within the City. Additionally, the BPU agrees to repair and replace all damaged or deteriorating water lines and/or sewer lines within the applicable water and sewer districts of the TOWN. The cost of any extensions of the water or sewer systems of the TOWN, shall be borne by the TOWN, whether performed by the BPU or a third party.
During the term of this Agreement, the TOWN agrees not to purchase public water and/or sewer service from any entity other than the BPU, or to establish its own competitive municipal water and sewer systems, during the term of this Agreement with the exception of the sewer service provided to designated areas presently served by the Chautauqua Lake South and Center Sewer District.
The TOWN agrees to regulate its water and sewage systems by regulations substantially the same as the existing regulations applicable within the City and, additionally, agrees to comply with all applicable laws, regulations, and ordinances pertaining to water and sewage systems. The BPU agrees to provide the TOWN and its sewer districts with copies of changes to the BPU regulations. The TOWN shall, at the BPU’S request, provide the BPU with copies of any documentation of all pertinent approvals, resolutions and permits which have not already been provided to it.
The TOWN shall maintain ownership and control of the sewage collection system and water distribution system within the boundaries of the Town. The TOWN shall also maintain ownership and control and be responsible for any damage to any water pump stations located within the Town together with any sewer lift stations owned by the TOWN. A list of TOWN owned stations is attached as Exhibit A.
Water and sanitary service sewer service will be provided at the closest point of connection within the limits of the City. If, according to accepted industry standards, the system is incapable of handling the additional capacity at the closest point of connection, the TOWN shall at its sole expense be responsible for the installation of pipelines, appurtenances and all costs of construction to the nearest point of connection within the City that is capable of handling the additional capacity.
The TOWN shall be fully responsible for the design, materials and construction costs for the installation of any new water and/or sanitary sewage facilities within the Town constructed in order to receive water and/or sanitary sewer service from the BPU.
The TOWN shall specify a Water and Sewer District Supervisor or Supervisors and alternates who will be available to make responsible decisions for the TOWN on an emergency basis. Names and telephone numbers are to be on file in the BPU central control room. The BPU shall promptly advise the TOWN of the fact of the emergency as soon as the BPU learns of the same and shall make all necessary emergency repairs.
The TOWN shall require individual customer water meters within the Town to be installed in accordance with the standards established by the BPU for its own water and sewer systems. The BPU agrees to read the individual customer meters within the Town on a routine basis and to supply monthly billing statements for water and/or sewage usage for each customer within the Town. Where it is technically infeasible to measure sewage flow by water meter, the BPU will measure sewage flow by sewage flow meters, or by field measurements and estimations of flow performed by the BPU at no additional cost.
The TOWN agrees to prohibit the making of any new water or sewer connections to the piping outside the TOWN without the written consent of the BPU. The TOWN agrees to assume the responsibility to monitor and control all authorized and unauthorized use of water and sewer services within the Town.

The TOWN agrees that it will not make any new water or sewer connections within the Town without first providing the BPU written notice of such intention.

The TOWN is prohibited from selling water or sewer services outside of the Town without the express written permission of the BPU.
The TOWN agrees that the BPU shall not be liable for any interruption in the receipt of water or sewage services occasioned by natural forces of nature, strike or other labor dispute, mechanical breakdown or other events beyond the direct control of the BPU, and accordingly the TOWN hereby agrees to indemnify and hold the BPU harmless from liability including the cost of legal defense of any claim which may be brought by any user or recipient of services within the Town against the BPU.
The TOWN agrees to indemnify, defend and save the BPU harmless from any and all liability resulting to the TOWN or third parties from the operation of the water and sewage systems within the TOWN, including, but not limited to, liability for damages caused by broken water or sewer lines, flooding, roily water, failure to supply water and sewer backflow.
In the event that any sewer user within the Town discharges any water prohibited by the sewer use ordinance of the BPU into the sewage system of the TOWN and such discharge results in damage to the sewage system of the BPU, including the BPU’S sewage treatment plant, or results in environmental fines or penalties, the TOWN hereby agrees to pay to the BPU any and all damages which the BPU may sustain, including reimbursement for environmental fines and penalties.
Upon approval of the Town, which shall not be unreasonably withheld, the TOWN shall, at no cost to the BPU, allow the BPU to place utility infrastructure including, but not limited to, pipes, poles, wires and fiber optic cable in any rights of way/easements within the Town provided that use by the BPU shall not be exclusive and shall not interfere with any other existing rights of way uses.
The TOWN waives any ad valorem, special franchise or similar charges or taxes that it may be otherwise entitled to levy or charge against the BPU or Lakewood with respect to any water supply systems or reservoirs located within the Town owned by either Lakewood or the BPU utilized in connection with providing water pursuant to this Agreement.
In the event that any commercial or industrial customer in the portion of the Town identified as the Hamlet of Busti enters into a lieu of tax payment with any government, the TOWN shall provide the BPU with a copy of said Agreement and will remit to the BPU one-quarter (1/4) (25%) of the TOWN’S share of such in lieu of tax payment for a period of ten (10) years or for the initial period of the Lieu of Tax Payment, whichever is longer. This paragraph shall not be applicable with respect to any existing PILOT agreements or renewals thereof. Payment obligations resulting from an agreement commenced during the term of this Agreement shall survive termination hereof. The above referenced payment is subject to General Municipal Law Section 94 and contemplates that the payment is lawful.

The parties hereto agree to cooperate and work together to establish input with the Chautauqua County Industrial Development Agency (“CCIDA”) with respect to any projects the CCIDA is considering entering into Pilot Agreements with within the Town of Busti when such project would be a customer of the BPU’S water and sewer services.

In the event that a new commercial or industrial customer not party to a lieu of tax payment agreement with any government, in the portion of the identified as the Hamlet of Busti, commences business after the date of this Agreement and such development is a customer of the BPU for water and sewer service, the TOWN agrees to pay to the BPU twenty percent (20%) of the TOWN’S share of the tax revenue collected from any said new industrial and/or commercial development for a period of ten (10) years after the new commercial or industrial customer commences receiving water and/or sewer service from the BPU. These tax sharing payments shall be made to the BPU on an annual basis within ninety (90) days of the TOWN’S receipt of the tax monies from the industrial and/or commercial development. This provision shall survive termination of this Agreement. The above referenced payment is subject to General Municipal Law Section 94 and contemplates that the payment is lawful.
In the event it is necessary for the BPU to do any road cuts in order to maintain, repair, or replace water and/or sewer lines within the Town, the TOWN agrees to be responsible for the restoration of the right of way, including street restoration. The BPU will supply backfill material required in the restoration of the right of way.
The terms of this Agreement shall be from the effective date hereof until the expiration of ten (10) years thereafter. The BPU and the TOWN shall enter into good faith negotiations for the renewal of this Agreement commencing not later than the beginning of the eighth (8^th) year of the term. In the event that the BPU and TOWN are unable to successfully negotiate the terms of a new agreement by the tenth (10^th) anniversary of the effective date of this Agreement, this Agreement shall terminate.
In the event that the validity of this Agreement, or any of the terms contained therein, is subject to a challenge contesting its validity by a person or entity not a party to this Agreement, the parties hereto agree to cooperate and jointly defend this Agreement from any such contest or challenge.
This Agreement is not assignable by either party hereto without the written consent of the other party.
All notices required or permitted to be given by this Agreement shall be deemed to be duly given if delivered in writing personally or sent by certified mail, return receipt requested, to the other party at the address given in this Agreement, or at such different address as may be furnished by either party to the other in writing. The date of mailing shall be deemed the date of giving such notice.
No waiver by either party of any breach of any of the covenants or conditions herein contained to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or any other covenant or condition.
The parties hereto expressly agree that it is not the intention of either party to violate public policy or statutory or common law and if any sentence, paragraph, clause, or combination of the same of this Agreement is in violation of any law, such sentence, paragraph, clause or combination of the same shall be inoperative, and the remainder of this Agreement shall be binding upon the parties hereto.
This Agreement shall be binding upon and inure to the benefit of the successors and/or assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives on the day and year first above written.

CITY OF JAMESTOWN BY ITS BOARD OF PUBLIC UTILITIES

BY___________________________________________

____________________________________________

EDWARD A. SUNDQUIST, PRESIDENT

TOWN OF BUSTI

By_________________________________________

JESSE M. ROBBINS, SUPERVISOR

WATER SUPPLY AGREEMENT

Busti through Lakewood

TOWN Water Districts 1, 2, 3, 4, 6 and 7

W I T N E S S E T H:

WHEREAS, the BPU, owns and operates a potable water system within the City of Jamestown (“City), and provides water services to multiple surrounding municipalities pursuant to intermunicipal water supply agreements, and

WHEREAS, the TOWN has previously formed water districts 1, 2, 3, 4, 6 and 7 within the Town, and currently receives water services from the BPU within those districts, pursuant to an agreement between the TOWN and the Village of Lakewood dated September 23, 1991, which agreement was assigned to the BPU on June 24, 2004, and extended by agreement dated December 22, 2011, and

WHEREAS, pursuant to paragraph 1 of the December 22, 2011 extension of the Busti through Lakewood Agreement, the Agreement expires on October 31, 2021, and

WHEREAS, the BPU desires to continue to provide water services to the TOWN water districts 1, 2, 3, 4, 6 and 7, and the TOWN desires to use the water services of the BPU,

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

The BPU hereby agrees to provide water service to any residential, commercial or industrial customer within the Town of Busti water districts described above, which districts request the continuation of water service.
Water services shall be provided at the cost of One and One-Third of the rate charged for comparable water service within the Village of Lakewood, except that industrial users receiving service shall be charged at the same rate as customers located in the Village of Lakewood. The TOWN through its districts, authorizes the BPU to bill charges due from users either in the name of the BPU or the name of the TOWN.
Included within the rates as stated above is the BPU’s obligation to perform all billing and collection services for water services within the water districts.
The TOWN agrees to reimburse the BPU for any reported individual water unpaid by any user within the Town for a period in excess of Sixty (60) days after the due date of such bill as follows: By November 1^st of each year, the BPU may report the unpaid bills to the TOWN on a list containing a description of the property served sufficient to identify it, the tax map number, the names of the persons or corporations liable to pay the same, and the amounts chargeable. The TOWN shall include the past due amounts on the tax bills to the property owners and shall pay the BPU the past due amounts within thirty (30) days of receipt thereof by the TOWN. Nothing in this paragraph shall be read to restrict the rights of the BPU to collect past due amounts through normal collection procedures, including the right to disconnect water service to the customer.
In consideration of the rates for water services as stated above, the BPU agrees to perform the normal operation, maintenance, and repair of the existing water distribution system, including fire hydrants, located within the Town to the same standard applied to the water lines within the City. The BPU’s liability for repairs shall be limited to Eight Thousand Dollars ($8,000) per incident, above which the TOWN shall be responsible for the cost of repairs. If a repair is necessitated by damage caused by a third party, the BPU shall have the right to collect against that party to the value of the cost of repair. The TOWN agrees to assist in the collection as needed.
During the term of this Agreement, the TOWN agrees not to purchase public water service for the water districts currently served by the BPU, from any entity other than the BPU.
The TOWN agrees to regulate its water systems by regulations substantially the same as the existing regulations applicable within the City and, additionally, agrees to comply with all applicable laws, regulations, and ordinances pertaining to water systems. The BPU agrees to provide the TOWN with copies of changes to the BPU regulations. The TOWN shall, at the BPU’S request, provide the BPU with copies of any documentation of all pertinent approvals, resolutions and permits which have not already been provided to it.
The replacement of any and all water mains in the districts described herein shall be at the sole expense of the TOWN. No part of such replacement charge shall accrue to the BPU with the exception of that water main which extends in Busti along E. Robert Bootey Mall Boulevard and from E. Robert Bootey Mall Boulevard along Hunt Road to the Lakewood Water Reservoir adjacent to Hunt Road, the cost of replacement of which shall be paid in the following percentages: Twenty-Five Percent by the TOWN and Seventy-Five Percent by BPU. Replacement of mains shall be at the sole discretion of the Busti Town Board, provided, however, that should the BPU certify in writing to the Town as to the necessity of replacing the main or mains, such mains shall be so replaced within one year of such certification. In the event that a main so certified as requiring replacement is not replaced in accordance with such certification within one year of the date of the same, the water district in which such main is located shall be liable for the full cost of all repairs rendered to the main. The cost of repair shall include, but shall not be limited to, labor and materials. Any and all replacements, whether made pursuant to the certification of the BPU or at the TOWN’s discretion shall be in accordance with specifications promulgated by the BPU and all county, state and federal authorities.
The TOWN shall maintain ownership and control of the water distribution system within the boundaries of the Town. The TOWN shall also maintain ownership and control and be responsible for any damage to any water pump stations located within the Town. A list of TOWN owned stations is attached as Exhibit A.
The TOWN shall be fully responsible for the design, materials and construction costs for the installation of any new water facilities within the Town constructed in order to receive water service from the BPU.
The TOWN shall specify that Water District Supervisor or Supervisors and alternates will be available to make responsible decisions for the TOWN on an emergency basis. Names and telephone numbers are to be on file in the BPU central control room. The BPU shall promptly advise the TOWN of the fact of the emergency as soon as the BPU learns of the same and shall make all necessary emergency repairs.
The TOWN shall require individual customer water meters within the Town to be installed in accordance with the standards established by the BPU for its own water systems. The BPU agrees to read the individual customer meters within the Town on a routine basis and to supply monthly billing statements for water usage for each customer within the Town.
The TOWN agrees to prohibit the making of any new water connections to the piping outside the Town without the written consent of the BPU. The TOWN agrees to assume the responsibility to monitor and control all authorized and unauthorized use of water services within the TOWN.

The TOWN agrees that it will not make any new water connections within the Town without first providing the BPU written notice of such intention.

The TOWN agrees that the BPU shall not be liable for any interruption in the receipt of water services occasioned by forces of nature, strike or other labor dispute, mechanical breakdown or other events beyond the direct control of the BPU, and accordingly the TOWN hereby agrees to indemnify and hold the BPU harmless from liability including the cost of legal defense of any claim which may be brought by any user or recipient of services within the Town against the BPU.
The TOWN agrees to indemnify, defend and save the BPU harmless from any and all liability resulting to the TOWN or third parties from the operation of the water systems within the Town, including, but not limited to, liability for damages caused by broken water lines, flooding, roily water or failure to supply water.
Upon approval by the Town Board, which shall not be unreasonably withheld, the TOWN shall, at no cost to the BPU, allow the BPU to place utility infrastructure including, but not limited to, pipes, poles, wires and fiber optic cable in any rights of way/easements within the Town provided that use by the BPU shall not be exclusive and shall not interfere with any other existing rights of way uses.
In the event that any commercial or industrial customer in the served area of the Town identified as the Sunset Golf Course (Tax Parcels 386.00-1-6, 386.00-1-7 386.00-1-18, 386.00-1-12.1, 386.00-1-14.1 and 386.00-1-17.1), enters into a payment in lieu of tax Agreement with any government, the TOWN shall provide the BPU with a copy of said Agreement and will remit to the BPU one-quarter (1/4) (25%) of the TOWN’s share of such in lieu of tax payment for a period of ten (10) years or for the initial period of the Lieu of Tax Payment, whichever is longer. This paragraph shall not be applicable with respect to any existing PILOT agreements or renewals thereof. Payment obligations resulting from an agreement commenced during the term of this Agreement shall survive termination hereof. The above referenced payment is subject to General Municipal Law Section 94 and contemplates that the payment is lawful.

The TOWN waives any ad valorem, special franchise or similar charges or taxes that it may be otherwise entitled to levy or charge against the BPU or Lakewood with respect to any water supply systems or reservoirs located within the Town owned by either Lakewood or the BPU utilized in connection with providing water pursuant to this Agreement.
In the event that a new commercial or industrial customer not party to a payment in lieu of tax agreement with any government, in the served area of the Town identified as the Sunset Golf Course (Tax Parcels 386.00-1-6, 386.00-1-7 386.00-1-18, 386.00-1-12.1, 386.00-1-14.1 and 386.00-1-17.1), commences business after the date of this Agreement and such development is a customer of the BPU for water service, the TOWN agrees to pay to the BPU twenty percent (20%) of the TOWN’S share of the tax revenue collected from any said new industrial and/or commercial development for a period of ten (10) years after the new commercial or industrial customer commences receiving water service from the BPU. These tax sharing payments shall be made to the BPU on an annual basis within ninety (90) days of the TOWN’S receipt of the tax monies from the industrial and/or commercial development. Payment obligations resulting from the commencement of operations during the term of this Agreement shall survive termination hereof. The above referenced payment is subject to General Municipal Law Section 94 and contemplates that the payment is lawful.
In the event it is necessary for the BPU to do any road cuts in order to maintain, repair, or replace water lines within the Town, in accordance with its maintenance obligations in paragraph 8, the TOWN agrees to be responsible for the restoration of the right of way, including street restoration. The BPU will supply backfill material required in the restoration of the right of way.
The terms of this Agreement shall be from the effective date hereof until the expiration of ten (10) years thereafter. The BPU and the TOWN shall enter into good faith negotiations for the renewal of this Agreement commencing not later than the beginning of the eighth (8^th) year of the term, or upon being notified of the termination of the Lakewood Agreement, whichever occurs first. In the event that the BPU and TOWN are unable to successfully negotiate the terms of a new agreement prior to the expiration hereof, this Agreement shall terminate.
In the event that the validity of this Agreement, or any of the terms contained therein, is subject to a challenge contesting its validity by a person or entity not a party to this Agreement, the parties hereto agree to cooperate and jointly defend this Agreement from any such contest or challenge.
This Agreement is not assignable by either party hereto without the written consent of the other party.
All notices required or permitted to be given by this Agreement shall be deemed to be duly given if delivered in writing personally or sent by certified mail, return receipt requested, to the other party at the address given in this Agreement, or at such different address as may be furnished by either party to the other in writing. The date of mailing shall be deemed the date of giving such notice.
No waiver by either party of any breach of any of the covenants or conditions herein contained to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or any other covenant or condition.
The parties hereto expressly agree that it is not the intention of either party to violate public policy or statutory or common law and if any sentence, paragraph, clause, or combination of the same of this Agreement is in violation of any law, such sentence, paragraph, clause or combination of the same shall be inoperative, and the remainder of this Agreement shall be binding upon the parties hereto.
This Agreement shall be binding upon and inure to the benefit of the successors and/or assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives on the day and year first above written.

CITY OF JAMESTOWN BY ITS BOARD OF PUBLIC UTILITIES

BY___________________________________________

____________________________________________

EDWARD A. SUNDQUIST, PRESIDENT

TOWN OF BUSTI

By_________________________________________

JESSE M. ROBBINS, SUPERVISOR

Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:

RESOLVED, Joe Flikkema be appointed as a Planning Board member.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:

RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 11 from warrant #551 to and including warrant #571 in the amount of $34,712.52.

Upon roll call vote, all aye, carried.

Supervisor Robbins motioned to accept the October 4, 2021 Regular Meeting; motion was duly moved by Councilman Brown.

All in favor, carried.

Councilman Brown moved the following resolution which was duly moved by Councilman Hanson:

RESOLVED, the Town of Busti accept the grant funds from FEMA in the amount of $3,776.58.

Upon roll call vote, all aye, carried.

Councilman Andrews reported he and Supervisor Robbins met with the engineer and Chautauqua Lake and Watershed Management Alliance representatives at the Shadyside and E. Summit Swales project location. They discussed the completion of the project and the remaining “in-kind” service from the Highway Department. Highway Superintendent Johnson will be working with ROCK of WNY to finalize the project. Councilman Andrews reported the Insurance Committee will have a recommendation for the 2022 Health Insurance plan at the November 1^st Town Board meeting.

Supervisor Robbins moved to adjourn the meeting at 7:55 p.m. which was duly moved by Councilman Andrws.

All in favor, carried.

Respectfully Submitted, __________________________

Darlene H. Nygren, Town Clerk

[1] This Agreement excludes Town of Busti Water Districts 1, 2, 3, 4 6 and 7, which are served by the BPU under a separate contract.

Town Board – October 18, 2021

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