REGULAR MEETING
April 4, 2022
A regular meeting of the Town Board of the Town of Busti was held on Monday, April 4, 2022 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, Lakewood Busti Police Chief Chris DePonceau, Busti Fire Dept Chief Matt Stafford, Jack and JudyKnowlton Kim Greyber, Julia McMahon, Aaron Kier, Tim and Pauline Wells, Jamie Gustafson, Molly Gustafson, and Mike Nygren.
Jack Knowlton reported April 15th is the scheduled “Clean-up” day for all town cemeteries. He asked the town to publish an announcement in the paper asking to have all wreaths or other winter decorations removed before that date. Mr. Knowlton spoke with Paul Fardink regarding the Revolutionary War Patriot Burial Marker at Wellman Cemetery; they will coordinate the installation of the marker. Mr. Knowlton also met with Highway Superintendent Greg Johnson at Bentley Cemetery and Superintendent Johnson marked trees that need to be removed. He spoke with Supervisor Robbins and Councilman Gustafson regarding installing a flag pole at the Bentley Cemetery, he would like 25 foot telescoping pole installed with a solar light at the top.
Town Clerk Darlene Nygren reported Friday, April 1st was the last day to collect 2022 County Town Taxes. The Clerk’s office has collected $6,586,761.17 for the 2022 County Town taxes leaving $629,921.99 uncollected. A total of 6,329 parcels have paid the taxes with 362 parcels remaining unpaid. Clerk Nygren noted she received a call from a vendor who rents out inflatable slides and bounce houses asking if the Town of Busti allows residents who rent the town park pavilions to bring in the inflatable units to the park. Discussion followed. The board asked Clerk Nygren to contact the town’s insurance agent for their opinion. Clerk Nygren noted she received information from Laurie Sorg the Chautauqua Region Community Foundation Urban Forestry Fund which is an endowment to provide money to the City of Jamestown for the purchase of trees to be planted along the city streets and parks. Clerk Nygren stated this may be a type of program the town might want to establish for the replacement of the many trees that are being taken down in the parks and cemeteries. She has been in contact with Laura Napoli, Baghat & Laurito Bahgat regarding the upcoming deadline for the ARPA funds reporting and was assured the report will be submitted prior to the April 30th deadline. She reported Kings Heating came and inspected the HVAC unit in the records room, they found that the breaker to the unit needed reset and all is fine. The breaker is now marked showing it controls the Records Room HVAC unit. Lastly, Clerk Nygren noted NYS Retirement spoke at the CCMCA March luncheon focusing on the required Records of Activity for elected and appointed officials participating in NYS Retirement and not using a time clock system. After the presentation Clerk Nygren look at the town records and discovered the following officials need to submit an updated ROA: Highway Superintendent Johnson, Councilman Hanson, Justice Hajdu, and Dog Control Officer Moss. Each official should keep a 3-month record of their activities and submit them to her after the 3 months. She and the bookkeeper will calculate the information and submit it to the Town Board for approval.
Lakewood Busti Police Chief Chris DePonceau reported 818 incidents from March 7, 2022 to April 4, 2022 which included 176 area business checks, 20 checks for well-being, 19 motor vehicle accidents, 14 shoplifting complaints, 77 property checks, 175 vehicle stops, and 47 warrants served or put in the system.
Highway Superintendent Greg Johnson reported he met with Taylor West and Randall Perry from Chautauqua Alliance regarding the in-kind services for the Swale project and it was determined the town has met the In-Kind Service requirements. He met with Jack Knowlton regarding trees that need to be removed in the Bentley and Wellman Cemeteries; he will get a quote from Maple Springs Tree Removal for the trees. He will look at the trees at Lawson Park to determine what trees need to be removed there. He met with Councilman Andrews regarding relocating the Lawson Park tennis courts. He asked for the board’s approval to trade in the Parks Department’s 2018 zero turn mower before the warranty expires and purchase a new one; in addition, he requested board approval to purchase a new trailer for the Parks Department.
Supervisor Robbins moved the following resolution, motion was duly moved by Councilman Andrews:
RESOLVED, Highway Superintendent Johnson be authorized to purchase a new John Deere Commercial Z930M Z-Track with a three year/1200 Hr Warranty in the amount of $10,701.68 with the trade-in of the town’s 2018 John Deere Z925M in the amount of $5,200 making the Net Cost after trade-in $5,501.68. Also, Highway Superintendent be authorized to purchase an 18’ utility trailer from Southern Tier Trailer Sales, Inc in the amount of $5,140 and declare the current parks trailer as surplus.
Upon roll call vote, all aye, carried.
Superintendent Johnson stated he has two candidates for Summer Help and would like the board’s approval to hire them. The candidates are Trevor Delahoy and Cody VanGuilder.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Superintendent Johnson be authorized to hire Trevor Delahoy and Cody VanGuilder for Summer Help to work 40 hours per week at the Laborer Rate as approved in the 2022 Organizational Minutes.
Upon roll call vote, all aye, carried.
Superintendent Johnson noted Chris Johnson will not have time this spring to resurface the tennis/pickle ball and basketball courts. He did provide a quote for material for both courts and the Highway Department along with the assistance of the Village Dept of Public Works will do the work.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
REDOLVED, the Highway Department be authorized to purchase the material to resurface the Loomis Park tennis/pickle ball and basketball courts as quoted from Chris Johnson up to $10,500 using ARPA funds.
Upon roll call vote, all aye, carried.
Superintendent Johnson requested the board’s approval to attend the 2022 Highway School, June 6-8, 2022.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Highway Superintendent Johnson be authorized to attend the 2022 Highway School, all expenses will be paid by the town.
Upon roll call vote, all aye, carried.
Superintendent Johnson reported he measured Canal Road after the last Town Board meeting and priced the cost of paving as the residents requested. The cost of blacktop to pave the road would be $3,167; the other option would be to dig it out and put millings in. Supervisor Robbins stated he spoke with Attorney Seachrist about the legality of repairing the road; Mr. Seachrist said the town could do the repairs as the road is technically a town “right of way” not a town highway/road and “seasonal use only” signs should be installed at both ends. Due to the width of the road the residents will be responsible for any snow removal/winter maintenance. Discussion followed.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Highway Department be authorized to repair Canal Road by putting in millings from the blacktop to Route 394.
Upon roll call vote, all aye, carried.
The following report from the Code Enforcement Officer was submitted by email to the board:
There was discussion regarding the repair of the Lawson Park Pavilion roof. Superintendent Johnson stated it would be fall before his department was able to do the repairs.
Councilman Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town Board approved to use the budgeted funds to buy the material to repair the pavilion roof at Lawson Park.
Upon roll call vote, all aye, carried.
Busti Fire Department Chief Matt Stafford reported the department has had the following 18 calls for the month of March: Ems 14, fires 1, mva 3 and 102 for the year. The department had 87 calls at this time last year.
Jack Knowlton reported Lakewood Fire Department has had 266 calls year to date, their new ambulance is in Syracuse, and they are anticipating delivery within the next month or so. Their boat is ready to be put in the lake as soon as the dock can be installed.
Supervisor Robbins noted the Town of Busti has received an application from Solar Liberty to construct and operate a large-scale solar energy system at 1192 Orr Street Extension and the town intends to serve as the Lead Agency for the said application. He presented the following resolution:
TOWN OF BUSTI
RESOLUTION
SEQRA NOTICE OF INTENT TO SERVE AS LEAD AGENCY
FOR THE APPLICATION OF SL JAMESTOWN, 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, SL Jamestown LLC. has applied for a Special Use Permit to construct and operate a large-scale solar energy system at 1192 Orr 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
Gustafson
NOES: None
ABSENT: None
DATE: April 4, 2022
Supervisor Robbins noted the Town Board received the following approval from the Planning Board:
TOWN OF BUSTI
SITE PLAN APPROVAL
WHEREAS, Busti Solar Project LLC, formerly identified as ECOsponsible, LLC, and hereinafter, the “Applicant,” has requested the issuance of a Special Use Permit authorizing it to construct and operate a 10.00 MW large-scale solar energy system – i.e. a solar farm – located at 4542 Baker Street which is designated on the Chautauqua County tax map as Section 401.00, Block 2, Lot 11.1 and 13, and
WHEREAS, the proposed site plan was the subject of a public hearing held by the Town Planning Board opened on October 21, 2021, after publication of legal notice, at which time all persons having an interest in the application were heard, and on November 9, 2021, the Planning Board adopted a resolution and report recommending that the Town Board approve the application subject to certain terms and conditions, and
WHEREAS, the Chautauqua County Planning Department by letter dated January 3, 2022, in response to a zoning referral submitted pursuant to Section 239-m of the General Municipal Law, advised that the proposed action was of local option, 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 had considered all the facts and papers before it, and had heard those wishing to be heard at a public hearing held January 3, 2022, and found justification to approve the application for an overlay district and special use permit subject to the qualifications hereinafter set out, and issued the Special Use Permit, and
WHEREAS, a condition of the Special Use Permit was that the applicant return to the Planning Board with a Final Site Plan for approval, and
WHEREAS, the applicant has appeared before the Planning Board and presented their “Final Site Plan”, and the Planning Board has completed their review in accordance with the Town’s Solar law and has referenced the Special Use Permit conditions.
BE IT RESOLVED, that the site plan application to construct and operate a Large-scale Solar Energy System be and hereby is authorized and approved, and this Site plan approval shall be issued, subject to the conditions and requirements hereinafter set out:
- The Applicant shall undertake the use in accordance with the plans, maps, and application submitted to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application and the conditions of this permit.
- The following terms and conditions shall apply to the approval:
- The Applicant shall establish appropriate disturbance limits on the final site plan to be submitted along with the building permit.
- The final decommissioning plan include a cost estimate approvable by the Town.
- The other conditions of the SUP are met.
- A SWPPP and Erosion and Sediment Control Plan be developed and approved by the Town and the NYSDEC.
- Final construction plans are approved by the Town.
- The final design shall use a helical or driven pile anchoring system rather than concrete ballasts.
Councilman Brown asked to clarify what approved expenditures will be using ARPA:
- The repair of Loomis Park Tennis/Pickleball and Basketball courts
- Williamson Law Code Enforcement Software and new computers
- CDL training for Josh Pilling
- Relocating and building a new tennis court at Lawson Park
The current report that is due will not include any of these projects as the funds had not been disbursed prior to March 31, 2022. The board requested to have the bookkeeper keep a spreadsheet with all ARPA fund expenditures. Clerk Nygren stated her office and the bookkeeper have already designated an account code for the use of ARPA funds and she will ask the bookkeeper to create a spreadsheet as requested.
Supervisor Robbins noted the Town of Busti received a Herbicide Application Services Agreement from Solitude Lake Management to manage up to 83.2 acres of Eurasian watermilfoil in portions of Chautauqua Lake adjacent to Busti as approved by NYSDEC permits. The contract prices are:
Task 1 Shared Coordination/Monitoring cost $3,537.00
Invoiced upon contract acceptance
Task 2 ProcellaCOR EC Application
$847.60/acre Max budgeted acres _________
Invoiced upon completion of application
Supervisor Robbins noted he spoke with Chautauqua Lake Partnership and they intend to contribute $41,000 towards the application cost, the town has been awarded a portion of a grant from Chautauqua Lake and Watershed Management Alliance to assist with the cost of herbicide application, and the balance of the cost will come from the 2022 budget.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti authorize the Supervisor to fund up to 83.2 acres of herbicide application once the final acreage and the grant amounts; in addition Supervisor Robbins is authorized to sign the said contract and pay the Shared Coordination/Monitoring cost of $3,537.00.
Upon roll call vote, all aye, carried.
Councilman Hanson will contact Jamestown Heating and Air regarding the repair and remediation of the rooftop HVAC unit.
Supervisor Robbins noted the following full-time positions should be working 7.5 hours per day: Court Clerk, Deputy Court Clerk, Deputy Town Clerk, and Assessors and the Code Enforcement Officer is scheduled to work 40 hours per week. The current Administration Office hours are 8:00 am – 5 pm Monday through Thursday and 8:00 am – 12:30 pm Friday; the Court Office hours are 8:30 am – 5:00 pm Monday through Friday. He stated when COVID hit the town board agreed there should be no overtime without prior board approval.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town Board approve continuing the “No overtime permitted for town employees with the exception of the Highway Department for plowing, paving, or emergency situations.” The board noted the Administration Office hours are Monday through Thursday: 8:00 am – 5 pm and Friday: 8:00 am – 12:30pm; the Court Office hours are Monday through Friday: 8:30 am – 5 pm; and the Highway Department hours are 7:00 am – 3:30 pm or winter shifts.
Upon roll call vote, all aye, carried.
The board asked to have a notice sent to everyone along with the next paycheck.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, all elected officials and employees be authorized to attend Southern Tier West’s 27th Annual Local Government Conference, Thursday, June 9, 2022 at Houghton College.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town received a letter from Nation Fuel reminding municipalities to advise them of any public improvement projects within the Town of Busti.
Supervisor Robbins stated he and Clerk Nygren have been working on developing a committee for the town’s Bicentennial celebration. He would like to have a carnival and has a lead on an organization and is hoping to have a secured date within the next month. Discussion followed regarding expenditures for the celebration. There is money budgeted for the celebration and the expenditures should paid through vouchers. Discussion followed regarding the Fire Department’s involvement with the carnival and who approves the carnival and the activities for the celebration. Supervisor Robbins and Clerk Nygren will meet with the Fire Departments Board of Directors regarding the possibility of having a carnival. Clerk Nygren shared names of people she of Supervisor Robbins have talked to about serving on the Bicentennial Committee. She will present her recommendations at the May meeting for approval.
Councilman Hanson asked if Councilman Andrews was able to find someone to do the drawings for the proposed new tennis courts at Lawson Park. He would like to help get Candace Peterson started on writing the grant. Superintendent Johnson stated he would like to have the project bid out; his department could assist with some of the site work but probably would not have the time to do the site work, drainage, and surface work this year.
Supervisor Robbins noted the rear steps are continuing to deteriorate. Supervisor Robbins will talk to Joe Flikemma about doing a drawing to install new steps with a roof over them.
Councilman Hanson is working on the cost to install new electric car chargers with a swipe. He is talking with National Fuel who has a grant that could pay for the new chargers.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 4 from warrant #143 to and including warrant #211 in the amount of $106,003.12.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the March 7, 2022 Regular Meeting minutes; motion was duly moved by Councilman Gustafson.
All in favor, carried.
Supervisor Robbins moved to adjourn the regular meeting at 7:52 p.m. which was duly moved by Councilman Hanson.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk