REGULAR MEETING
October 4, 2021
A regular meeting of the Town Board of the Town of Busti was held on Monday, October 4, 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 LBPD Chief Chris DePonceau, John Francisco, Betsy and David Trusell, Mitch Quine – CS Energy, Sage Ezell – CS Energy, Jamie Gustafson, and Mike Nygren.
Betsy Trusell stated she lives on the portion of Lawson Road that is closed for the annual Apple Festival. She asked the board if they could work with the fire department to create a policy that would allow residents in that area to have access to come and go from their home while the road is closed. Supervisor Robbins will talk to Busti Fire Department Chief regarding the situation.
CS Energy Mitch Quinn presented a draft of the preliminary PV site plan for the York Run solar project. Mr. Quinn noted the entire 90-megawatt project involves 550 acres of which approximately 150 are in the Town of Busti. The type of land involved is split 50/50 in farmland and forestland. They are still in negotiations with some property owners which will alter the site plan. This is a “94-c project”, and the application is processed directly through New York State, however, CS Energy wants to work with the local Town and Planning Boards. The anticipated benefits to town residents are reduced in the cost of electric and the town will receive payments through a Host Community Agreement. Mr. Quinn anticipates the project will be ready to be presented to the Planning Board in the spring of 2022. CS Energy would like to post a “sign-up” sheet on the town bulletin board for anyone who is interested in receiving more information and updates on the said project.
Supervisor Robbins noted it was 7:04 p.m. and moved to open the Public Hearing, regarding the adoption of Local Law No. 4 for the year 2021, Providing Terms for the Administration of Town Highways. Motion was duly moved by Councilman Hanson.
All in favor, carried.
Proof of publication was placed on file.
No one present spoke on the local law.
Supervisor Robbins moved to close the public hearing at 7:05 p.m. which was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board adopt Local Law 4 of 2021 – Providing Terms for the Administration of Town Highways.
Town of Busti
Local Law No. 4 for the year 2021
providing terms for the administration of town highways
Pursuant to Section 10 of the Municipal Home Rule Law, be it enacted by the Town of Board of the Town of Busti, County of Chautauqua and State of New York, as follows:
Section 1.
A new Chapter 260 for Highway Administration is hereby added to the Town of Busti Code, which shall provide as follows:
Chapter 260
HIGHWAY ADMINISTRATION
- 260-1 Highway work permit.
- 260-2 Required documentation.
- 260-3 Fee.
________________________________________________________________________
- 260-1. Highway work permit.
The Superintendent of Highways may, with the consent of the Town Board, upon the submission of a highway work permit application by any resident or taxpayer or corporation, grant permission for work proposed to be done within the Town’s right-of-way, including the laying and maintaining of pipe for any purpose.
- 260-2. Required documentation.
The Superintendent of Highways and/or the Town Board may require the applicant to submit any plans, design drawings, engineer’s report or other documentation deemed necessary for their review in order to issue a right-of-way work permit.
- 260-3. Fee.
The fee for a highway work permit shall be in an amount as set forth from time to time by the Town Board.
Section 2.
If any part or provision of this Local Law shall be declared invalid, void, unconstitutional, unenforceable by a court of law, all unaffected provisions hereof shall survive such declaration and this Local Law shall remain in full force and effect as if the invalidated portion had not been enacted.
Section 3.
This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.
Upon roll call vote, all aye, carried
Councilman Andrews moved the following resolution, which was duly moved by Supervisor Robbins:
RESOLVED, The Town of Busti Highway Department will install any new or replacement driveway pipe that is 40’ or less and provide the necessary gravel, providing the landowner pay for the pipe. The installation of a pipe longer than 40’ would be at the landowner’s expense with a town approved private contractor, the owner would also be responsible for the purchase of the required gravel via a conversation between the highway superintendent and the approved contractor; the size and the installation location of the pipe must be authorized by Town of Busti Highway Superintendent. The Town of Busti will provide the catch basin and tees for all pipe installations. This resolution applies to property located on town roads only.
Upon roll call vote, all aye, carried.
Members of the Town Board noted the Highway Superintendent will approve all contractors prior to the installation of a pipe; the contractor is required to provide the appropriate insurance.
Lakewood Busti Police Chief Chris DePonceau reported 670 incidents from September 13, 2021 to October 4, 2021. The department’s new patrol vehicles are being outfitted and should be on the road by the end of the month. The needle kiosk is installed outside the department’s entrance, residents may use the kiosk to dispose of medical needles that are in proper safety containers.
Supervisor Robbins noted it was 7:15 p.m. and moved to open the Public Hearing, regarding the adoption of Local Law No. 5 for the year 2021, Smoking and Tobacco and Cannabis Use. Motion was duly moved by Councilman Hanson.
All in favor, carried.
Proof of publication was placed on file.
No one present spoke on the local law.
Supervisor Robbins moved to close the public hearing at 7:16 p.m. which was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti Town Board adopt Local Law 5 of 2021 – Smoking and Tobacco and Cannabis Use.
Town of Busti
Local Law No. 5 for the year 2021
SMOKING AND TOBACCO AND CANNABIS USE
Pursuant to Section 10 of the Municipal Home Rule Law, be it enacted by the Town of Board of the Town of Busti, County of Chautauqua and State of New York, as follows:
Section 1.
A new Chapter 320 for Smoking and Tobacco and Cannabis Use is hereby added to the Town of Busti Code, which shall provide as follows:
Chapter 320
SMOKING AND TOBACCO AND CANNABIS USE
- 320-1 Findings; Legislative Intent.
- 320-2 Definitions.
- 320-3 Smoking and Tobacco/Cannabis Use Prohibited; Tobacco- and Cannabis-Free Zones.
- 320-4 Posting of Signs.
- 320-5 Enforcement.
- 320-6 Penalties for Offenses.
________________________________________________________________________
- 320-1. Findings; Legislative Intent.
The Town Board of the Town of Busti finds that smoking and the use of tobacco and cannabis in the Town of Busti’s public buildings and parks have the potential for creating a serious health hazard for employees of the Town of Busti and the citizens of the Town of Busti who visit and use Town buildings, grounds, parks, and recreation areas. The Town Board has determined that to protect and promote the public health, safety, and welfare of the employees and citizens of the Town of Busti, it is necessary to restrict the acts of smoking and tobacco and cannabis use in and around Town-owned buildings, parks, recreation areas, and playgrounds.
- 320-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CANNABIS USE – Includes smoking of cannabis.
SMOKING — To inhale or exhale the smoke of burning tobacco, tobacco substitute, and cannabis and also to carry burning tobacco, tobacco substitute, or cannabis in the form of a cigarette, cigar, or any other smoke-producing product or device, including pipes.
TOBACCO USE — Includes smoking and the chewing of tobacco.
TOWN-OWNED BUILDING — Any building, structure or enclosed outdoor area owned, leased, used or operated by the Town of Busti or any of its departments and used for the conduct of public business, including, but not limited to, the Town Administration Building, Highway Department buildings, Town transfer station, and any buildings, structures or enclosed areas located at any Town-owned park, recreation area, or playground.
TOWN-OWNED PARKS, RECREATION AREAS, PLAYGROUNDS AND CEMETERIES — Includes all parks, playgrounds and recreation areas owned, leased, used, operated and maintained by the Town of Busti, including, but not limited to, Edward F. Loomis, Jr. Town Park, Earl W. Lawson Town Park, Dale C. Robbins Wetland Preserve, Busti Cemetery, Bentley Cemetery, and Wellman Road Cemetery.
- 320-3. Smoking and Tobacco/Cannabis Use Prohibited; Tobacco- and Cannabis-Free Zones.
- Tobacco and cannabis smoking and tobacco and cannabis use shall be prohibited in all buildings owned, leased, used, operated or maintained by the Town of Busti or any department of the Town of Busti (hereinafter “Town building”), without exception.
- Tobacco and cannabis smoking and tobacco and cannabis use shall also be prohibited within 30 feet of any Town Building not located in a park, recreation area, playground, and cemetery.
- Tobacco smoking and tobacco use shall be prohibited in all Town-owned parks, playgrounds, recreation areas, and cemeteries.
- The Town Board further determines and declares that all Town-owned parks, recreation areas, playgrounds, and cemeteries shall be designated as tobacco-free and cannabis-free zones.
- 320-4. Posting of Signs.
- “Smoking and Tobacco Use Prohibited” signs or the international “no smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently, and conspicuously posted at each entrance to any Town Building where smoking is prohibited, including all Town Buildings and at all Town-owned public parks, public playgrounds, public recreation areas, and cemeteries.
- “Tobacco-Free Zone” and “Cannabis-Free Zone” signs shall also be posted at the entrance to each Town-owned park, recreation area, playground and cemetery.
- 320-5. Enforcement.
This chapter shall be enforced by the Code Enforcement Officer of the Town of Busti or any police agency having jurisdiction in the Town of Busti, including, but not limited to, the Lakewood-Busti Police Department, the New York State Police, or the Chautauqua County Sheriff.
- 320-6. Penalties for Offenses.
- It shall be a violation for any person to smoke or use tobacco or cannabis in any area where smoking is prohibited by the provisions of this chapter.
- Any person who is convicted of violating any provision of this chapter shall be subject to a fine not to exceed $200.00 per violation.
Section 2.
If any part or provision of this Local Law shall be declared invalid, void, unconstitutional, unenforceable by a court of law, all unaffected provisions hereof shall survive such declaration and this Local Law shall remain in full force and effect as if the invalidated portion had not been enacted.
Section 3.
This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.
Upon roll call vote, all aye, carried.
Highway Superintendent Johnson stated the Highway Department has already posted some signage and will finish posting them on all town buildings, parks, and cemeteries.
Town Clerk Darlene Nygren reported sale of DEC doe permits ended on Friday, October 1st. Her department sold over $9,000 in 2021-22 licenses from August 1st to October 1st and received just over $500 in commission. Clerk Nygren noted she had received an email from National Grid requesting an updated annual Holiday Lighting Agreement along with a proper Certificate of Insurance.
Supervisor Robbins moved to authorize Town Clerk Nygren to sign and submit a Holiday Lighting Agreement with National Grid and providing the appropriate Certificate of Insurance; motion was duly moved by Councilman Hanson.
All in favor, carried.
Highway Superintendent Greg Johnson reported the department is finishing up black topping for the season; they are now doing ditch work, tree trimming, mowing the roadsides, and installing driveway pipes.
Superintendent Johnson reported he received a quote from Five Star Equipment, Inc for the purchase of a 2022 John Deere 190GWFT4 Wheeled Excavator in the amount of $239,943.94 with a $59,943.94 trade in allowance for a 2007 Volvo 180C for a net cost of $180,000. The quote is under NYS bid. Superintendent Johnson noted this quote was less than the quote received from Volvo.
Discussion followed regarding adding on some accessories
Superintendent Johnson noted he has interviewed a couple candidates for the position of Utility Worker/MEO and is hoping to hire in the next few weeks.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti accept the quote from Five Star Equipment, Inc for the purchase of a 2022 John Deere 190GWFT4 Wheeled Excavator in the amount of $239,943.94 with a $59,943.94 trade in allowance for a 2007 Volvo 180C for a net cost of $180,000. In addition, add $20,826.13 for the accessories and shipping; and accept the extended warranty as stated in the quote.
Upon roll call vote, all aye, carried.
Code Enforcement Officer Jeff Swanson reported he and Fire Code Inspector Dave Wilfong attended a NYSERDA training which qualifies the town for points if they were to choose to participate in NYSERDA Clean Energy Grant program in the future. Also, property located at 4696 Ashville Road, which was acquired by Chautauqua Land Bank, the house was demolished, and the debris removed from the property.
Attorney Joel Seachrist reported he has been working with the Planning Board on the Solar Liberty application for a Large-Scale Solar Energy project on S. Main Street. The Planning Board has issued their report to the Town Board on the project; they recommend against the project and further recommends that as part of its SEQR review of the project the Town Board should issue a Positive Declaration. Attorney Seachrist recommends the board review the recommendations and pass the Positive Declaration at their October 18, 2021 meeting. Attorney Seachrist stated he will work with CEO Swanson on the Fischer property code violations. He asked the board for direction with the Utility Distribution Local Law, it was recommended the law include that the law include requiring a Special Use Permit with guidelines for noise, lighting, and visual aspects. Councilman Andrews asked if there has been any resolution to the John Carney lawsuit. Attorney Seachrist will forward the findings of the case to the Town Board.
Supervisor Robbins motioned to set a public hearing on November 1, 2021 at 7:00 p.m. on Local Law 6 of 2021 on Utility Distribution Facilities in the Town of Busti. Motion was duly moved by Councilman Hanson.
All in favor, carried.
Highway Superintendent stated the town did not receive any bids on repair to the Loomis Park basketball and tennis courts. He asked the board if they wanted to pursue the quote from Chautauqua Court Resurfacing; the board recommended advertising for bids again in the spring of 2022.
The board discussed the need of repairs on the Cold Storage building roof.
Councilman Hanson moved the Town of Busti Request for Proposals with recommendations for the repair of the roof on the 40’ x 50’ Cold Storage building located at the rear of the Town of Busti Administration building; motion was duly moved by Supervisor Robbins.
All in favor, carried.
Town Clerk noted she has presented the 2022 Tentative Budget to the Town Board.
Supervisor Robbins reported he received the Town of Busti 2020 Fiscal Strength Score from the Office of the New York State Comptroller. The report showed the Fiscal Strength scores for 2018 and 2019 which was 6.7 and 2020 as 3.3; a score of zero is perfect. The town’s Environment Stress score is 3.3. and has not changed from 2018/2019.
Supervisor Robbins reported Town Clerk Nygren received a letter of resignation from Planning Board member James Butler, effective September 28, 2021. Supervisor Robbins thanked Mr. Butler for his years of service on the Town of Busti Planning Board.
Councilman Doug Brown reported the town has received notice that it was awarded $3,776.58 for their DR 4480 FEMA Covid 19 Public Assistance Program application that he and Clerk Nygren worked on. The grant funds are reimbursements for non-payroll expenses incurred during the COVID pandemic, including PPE, counter barriers, and air purifiers.
Attorney Seachrist noted he had notified Supervisor Robbins along with other town supervisors that the Chautauqua County Partnership for Economic Growth has received $1.05 million dollar grant from the Ralph Wilson Foundation to use for projects/technical assistance in Chautauqua County and is soliciting proposals from municipalities, among others. Municipalities that are interested in applying for the grant should submit a Letter of Interest to CCPEG by October 15, 2021 at 4 pm. Discussion followed. The board agreed to submit a letter of interest asking for assistance with the development of the Hunt Road property owned by Sunset Golf Course.
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. 10 from warrant #502 to and including warrant #550 in the amount of $155,694.02.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the September 13, 2021 Regular Meeting; motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Andrews reported he contacted Randall Perry regarding the Stormwater project and invited him and the engineer to meet at the project sight to discuss its completion. Councilman Andrews noted he, Highway Superintendent Johnson, and Clerk Nygren met with the Health Insurance agent to review the 2022 rates and the various policies to offer to the town employees. The committee is reviewing the various policies and will make a recommendation at the October 18th Town Board meeting.
Councilman Hanson stated the board needs to discuss a plan for the ARPA funds received. He suggested the board review the options and be ready to discuss them at the next Town Board meeting. Attorney Seachrist noted he is aware of several municipalities who have contracted with Bahgat and Laurito-Bahgat CPA & Advisors to assist with the ARPA funding allocation.
Town Clerk Nygren stated Cemetery Sexton Jack Knowlton has asked to publish a notice in the Post Journal regarding cemetery clean-up and permitting Christmas wreaths to be displayed from November 1, 2021 through April 15, 2022.
Councilman Hanson asked Clerk Nygren if it was possible to pull the National Grid streetlight bills prior to the LED conversion and the most recent bills; he would like to compare the bills and contact National Grid regarding the current cost.
The board began discussion on the 2022 Tentative Budget; Councilmen should review the budget and contact Supervisor Robbins with any questions prior to the October 18th meeting.
Supervisor Robbins moved to adjourn the meeting at 8:28 p.m. which was duly moved by Councilman Brown.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk