REGULAR MEETING
March 7, 2022
A regular meeting of the Town Board of the Town of Busti was held on Monday, March 7, 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, Attorney Joel Seachrist, Code Enforcement Officer Jeff Swanson, Busti Fire Dept Chief Matt Stafford, Jeremy Hasson, Kim Greyber, Julia McMahon, Tim and Pauline Wells, Ray Ammerman, Craig Rieder, Busti Solar Project LLC/ECOsponsible LLC – Dennis Ryan, Greg Edwards, and Solar Liberty – Adam Rizzo.
Town Clerk Darlene Nygren reported her department sent has collected $7,221,184.96 for the 2022 County Town taxes leaving $873,998.51 uncollected. Late notices were sent out March 4th and the final day for collection in her office is April 1st. Clerk Nygren noted the 2022 Annual NYSTCA Conference will be held April 24 -27 in Albany, NY. It has been two years since NYSTCA has held an in-person conference. She asked the board for authorization to attend the conference. She informed the board that she has been contacted by both Southwestern Soccer Club and Chautauqua Christian Academy formerly Bethel Christian Academy regarding use of the Loomis Park soccer fields; the two organizations have communicated and will coordinate their schedules to avoid any conflicts. Each organization will be responsible for providing the Town with their liability coverage and submitting a Certificate of Insurance. She asked the board for authorization to allow both parties to use the Loomis Park soccer fields.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Town Clerk Darlene Nygren be authorized to attend the 2022 NYSTCA Annual Conference, April 24 – 27, 2022 to be held at the Desmond in Albany, NY.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town Board of the Town of Busti authorize Southwestern Soccer Club and Chautauqua Christian Academy to use the soccer fields located at Loomis Park for their 2022 seasons. Both organizations will be required to provide a Certificate of Insurance naming the Town of Busti on their liability insurance and coordinate with each other to avoid any scheduling conflicts.
Upon roll call vote, all aye, carried.
Lakewood Busti Police Chief Chris DePonceau reported 763 incidents from February 7, 2022 to March 7, 2022 which included 148 area business checks, 21 shoplifting complaints, 80 property checks, 140 vehicle stops, and 44 warrants served or put in the system. Chief DePonceau presented the board with the Lakewood Busti Police Department 2021 Annual Report.
Highway Superintendent Greg Johnson reported the department is preparing for the spring season. They have been working on the paver and getting ready for paving. Superintendent Johnson stated he would like to trade in the Parks Department’s zero turn before the warranty expires and also purchase a new trailer for the Parks Department. The board asked him to submit the quotes to them and they will discuss the transactions further at the April 4th Town Board meeting. Superintendent Johnson noted the department has used approximately 650 pounds of salt this year. Councilman Hanson noted Superintendent Johnson had talked about the county purchasing salt from the town; he asked if they have come up with how much additional salt will need to be purchased. Superintendent Johnson stated he needs to work with the county on the salt purchase for 2023. The county would purchase fuel and salt from the town like what they do with the Town of Stockton. The one difference is the county would like to use the town’s loader which doesn’t have a scale on it, they would have to develop a way of weighing how much salt the county was loading each time. Discussion followed on ways to get the proper scale to measure the salt. Superintendent Johnson stated he has no issues with the agreement especially if it would help get the county plow trucks out on the roads faster. The fuel would be billed to the county directly, the system is already set up for the Busti Fire Department and Lakewood Busti Police Department. Superintendent Johnson stated he and the county plan to meet this spring to discuss the possibility further.
Code Enforcement Officer Jeff Swanson reported with the inflated electric bills he went back to the warehouse area in the back of the building and realized the thermostat was set at 63-65’, he removed the batteries so that there wouldn’t be any heat in that area until another plan was developed. He also threw the breaker in the Cold Storage building. The car charges located at the rear entrance area were hot to touch when a car was being charged. He stated he had researched on installing card slots on the chargers and it would require getting completely new chargers. Councilman Hanson stated NYSERDA has a grant for car chargers with card slots. The board asked CEO Swanson to place “Out of Order” signs on the chargers until further notice. Councilman Hanson suggested installing locked thermostats in the warehouse area and Cold Storage building. The board agreed, Highway Superintendent will have his department purchase and install the new locked thermostats.
Busti Fire Department Chief Matt Stafford reported 36 calls for the month of February including 26 ems, 2 fires, 2 mva, and 6 service calls. Last year at this time there were 56 calls ytd and this year they are at 84. The department will be purchasing a new truck for the command unit and have begun to receive gear from the GEAR grant.
The board asked Clerk Nygren to contact Kurt Hallberg regarding training on the AED equipment and to have the equipment installed at the Loomis Park Concession Stand before the season begins.
Attorney Joel Seachrist noted most of the items he has been working on are on tonight’s agenda. There is the long-standing Cottage Park issues that he will begin working on again now that spring is here and the courts are reopening.
Julia McMahon approached the board regarding lake access at 252 W. Summit; the property is split between the town and the Village of Lakewood. The property owners would like to install a dock where the property stack is located and where the peninsula ends. Attorney Joel Seachrist recommends they property owners contact DEC or the Village as the Town has no regulation for docks.
Supervisor Robbins noted the Town Board had received a Planning Board report and recommendation on the application of Solar Liberty for a Large-Scale Solar Project located at 1255 S. Main Street. He asked Councilman Hanson to the following Positive SEQR Declaration:
POSITIVE SEQR DECLARATION
WHEREAS, the Town Board of the Town of Busti (“Town Board”) has received an application from SL Busti, LLC (the “Applicant”) to construct a 9 megawatt solar energy facility at 1255 South Main Street Extension (the “Proposed Action”); and
WHEREAS, by resolution adopted May 3, 2021, the Town Board determined that the Proposed Action is subject to the State Environmental Quality Review Act under the N.Y.S. Environmental Conservation Law, Article 8 (“SEQRA”), preliminarily classified the Proposed Action as a Type 1 action under SEQRA, and declared its intention to act as Lead Agency for the purpose of reviewing the environmental impacts of the Proposed Action under SEQRA (“Lead Agency”); and
WHEREAS, none of the other involved agencies or Applicant requested the New York State Commissioner of Environmental Conservation to designate a Lead Agency; and
WHEREAS, the Town Board has reviewed the attached Full Environmental Assessment Form, Part 1, prepared on the Proposed Action on behalf of Applicant and the Full Environmental Assessment Form, Parts 2 and 3, and
WHEREAS, the Town Board has concluded that the Proposed Action may have a significant impact on the environment if it is approved and built;
NOW THEREFORE, be it
RESOLVED, that the Town Board adopts the contents of the Full Environmental Assessment Form, Parts 2 & 3; and be it
FURTHER RESOLVED, that the Town Supervisor is authorized to complete and sign the Determination of Significance on the Full Environmental Assessment Form declaring as set forth therein that the Proposed Action “may result in one or more large impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared”; and be it
FURTHER RESOLVED, that the Town Supervisor is authorized to file the Positive Declaration as adopted aforesaid with the agencies named in the Positive Declaration and otherwise in accordance with applicable law; and be it
FURTHER RESOLVED, that scoping shall be conducted in accordance with N.Y.S. Department of Environmental Conservation Rule 617.8 (6 NYCRR §617.8) based on a draft Scoping Document for preparation of a Draft Environmental Impact Statement, which the project Applicant shall submit to the Town; and be it
FURTHER RESOLVED, that a scoping session will be held by the Town Board once the Draft Scoping Document is submitted; and be it
FURTHER RESOLVED, that the Town Supervisor and other appropriate Town Officers are authorized to take such other and further action as might be necessary to meet the Town Board’s obligations as Lead Agency or as otherwise might be appropriate in its role as Lead Agency and as an Involved Agency.
Adam Rizzo, Solar Liberty representative, stated the letter submitted dated December 3, 2021 from their attorney laid out legal reasons why they believed the decision shouldn’t have led to the Positive SEQR Declaration. They are willing to provide additional information and analysis with the understanding that it would lead to a negative declaration. They hoped that the additional information would help avoid the Positive Declaration. They are not clear on why this system is leading to the Positive Declaration, they believed they have followed the law with this project. He asked that the board allow them to provide further information to avoid the Positive SEQR Declaration. Supervisor Robbins stated the Planning Board has done the background work on the application leading to their recommendation of a Positive SEQR Declaration. Attorney Seachrist stated the Town has hired Wendel Engineering to assist with the application process and has worked closely with the Planning Board in their environmental review. The information that Mr. Rizzo is looking for is included in the EAF, the main impact that is stated is the visual. He does not believe that there will be additional costs to the town. Once a Positive Declaration is set, he believes that the applicant is responsible for reimbursing the town for any additional cost. Discussion followed.
Councilman Hanson moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti Town Board follow the recommendation of the Planning Board on the application of Solar Liberty to construct a 9-megawatt solar energy facility at 1255 South Main Street Extension and to file the Positive SEQR Declaration on the said project.
Upon roll call vote, all aye, carried.
Councilman Hanson stated that, in his opinion, the reason why the Town Board wrote a law for solar projects was to protect the town residents and for the best interest of the town. That is the responsibility of the Town Board to look out for the best interest for the town. There were many residents that stated they were in opposition of the project for multiple. The board is going to do their due diligence for the residents of the towns not for the applicant on a project. He believes Solar Liberty has done their due diligence and the Planning Board has been very thorough in their review of the project, therefore the board is going through the process recommended by the Planning Board.
Supervisor Robbins noted according to the Special Use Permit issued to Busti Solar Project LLC to construct a Large-Scale Solar Project at 4542 Baker Street there were some contingencies that remained incomplete. The applicant has presented their Decommissioning Plan, Forest Management Plan, and Draft SWPPP to the board for their review and approval. Attorney Seachrist stated he had responded to Mr. Ryan regarding the Decommissioning Plan regarding a couple areas that need amended. He noted in Section 1.4.3 “Dismantling Roads, Parking Area, and Substation Yard” of the Decommissioning Plan it states “Specifically, on the project of lands, no dismantling of roads, parking areas or the substation yard will be conducted unless at the request of the property owner”. Attorney Seachrist pointed out that with this application the property owner is the same as the developer, which the developer shouldn’t have the final decision on this matter. Mr. Seachrist recommended the wording be changed to read “Any new roads constructed for the project will be undone and any existing roads will remain as they were prior to the project”. He noted in Section 1.5.2 “Land Restoration Activities” the first sentence reads “Areas of the Project that were used for the project will be restored to their pre-construction condition and land use as directed by landowner lease agreements”. Mr. Seachrist recommended the applicant delete the “as dictated by landowner lease agreements” since the applicant is the landowner. It was noted that the amount of the bond is correct at $750,000. There was discussion regarding the Draft SWPPP and it was noted that the building permit would be issued after the Final SWPPP was received.
Councilman Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town Board of the Town of Busti has reviewed and approve the three items listed as contingencies in Special Use Permit issued to Busti Solar Project, LLC to construct a Large-Scale Solar project located at 4542 Baker Street with the two changes to the Decommissioning Plan as noted by Attorney Seachrist which are in the Decommissioning Plan Section 1.4.3 the wording of the first sentence be changed to read “Any new roads constructed for the project will be undone and any existing roads will remain as they were prior to the project” and in Section 1.5.2 the applicant delete the “as dictated by landowner lease agreements” from the first sentence . The three documents include Decommissioning Plan, Forest Management Plan, and Draft SWPPP.
Upon roll call vote, all aye, carried.
Councilman Hanson asked if this resolution finalized the Town Board’s approval of the Special Use Permit and if what remained was the Planning Board final approval and Code Enforcement Officer issuing the Building Permit. Attorney Seachrist agreed that was correct.
Supervisor Robbins noted Chautauqua County Department of Planning and Development recently sent local municipalities a template of recommendations for developing and/or updating local municipal laws specific to decommissioning utility-scale solar facilities. Attorney Seachrist stated the decommissioning plan presented tonight generally matches their recommendations.
Supervisor Robbins noted the first reporting for use of ARPA funds is due April 30, 2022 for expenditures made through March 31, 2022. He has spoken to other Town Supervisors who recommend hiring Baghat and Laurito-Baghat as an ARPA consultant.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti hire Baghat and Laurito-Baghat as an ARPA consultant at a rate of $115 per hour. The fee of the consulting will be paid from the ARPA funds.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town has received a letter from Chautauqua Lake and Watershed Management Alliance stating the Town of Busti has been included in the award of a combined grant in the amount of $173,771 for 2022 herbicide treatment for Eurasian Watermilfoil and/or Curly Leaf Pondweed on Chautauqua Lake. Each applicant’s share will be determined based on the results of the NYSDEC permitting process.
Supervisor Robbins stated Solitude Lake Management has issued the proposed 2022 Herbicide Treatment Maps, which includes 78 acres for the Town of Busti, and completed the DEC 2022 Herbicide Permit application. They have asked the Town Board to authorize Supervisor Robbins to sign the application and for them to submit the application as well as manage the herbicide treatment. Discussion followed regarding budgeted money for the 2022 Herbicide Treatment.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews: RESOLVED, the Town of Busti authorize SOLitude Lake Management to act on the Town’s behalf in the herbicide permit submission to New York State Department of Environmental Conservation; authorize the submission of combined permit applications for the use of ProcellaCOR EC herbicides to designated portions of Chautauqua Lake, in coordination with the Village of Lakewood; and authorize the application of the specified herbicides to designated areas of the shoreline adjacent to the Busti shoreline of Chautauqua Lake by SOLitude Lake Management pending NYS DEC permit approval.
Upon roll call vote,
Supervisor Robbins – aye
Councilman Brown – aye
Councilman Andrews – aye
Councilman Hanson – aye
Councilman Gustafson – aye
Resolution carried.
Supervisor Robbins stated the Town of Harmony and the Town of Busti have agreed to share services for Code Enforcement according to the following agreement:
INTERMUNICIPAL AGREEMENT
Agreement made this _______ day of _____________, 2022 by and between:
TOWN OF HARMONY, of P.O. Box 186, Panama, New York 14767, a municipal corporation of the State of New York,
hereinafter referred to as “Harmony”,
-and-
TOWN OF BUSTI, of 125 Chautauqua Avenue, Lakewood, New York 14750, a municipal corporation of the State of New York,
hereinafter referred to as “Busti”
WITNESSETH:
WHEREAS, every town in the State of New York is charged under Section 381(2) of the Executive Law with administration and enforcement of the New York uniform fire prevention and building code and the New York State energy conservation construction code; and
WHEREAS, the Towns are empowered by law to have a code enforcement officer (CEO) pursuant to Section 20 of the Town Law of the State of New York; and
WHEREAS, Busti has two appointed CEOs, whose services it willing to share with Harmony, and both parties desire to share such services; and
WHEREAS, Towns are empowered to enter into an agreement on a contractual basis for the provision of code enforcement services of CEO’s employed by Busti to Harmony pursuant to Section 119-o of the General Municipal Law of the State of New York, subject to approval by the Town Boards of the Towns.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, and the mutual covenants contained herein, the parties hereto agree as follows:
- Statement of Agreement. During the term of this Agreement, Busti agrees to provide and make available a CEO to Harmony, and Harmony agrees to use the services of the Town’s CEOs, in accordance with and subject to the terms of this Agreement. The intention at the inception of this Agreement is that the CEO so provided will be David Wilfong.
- Legal Basis. This Agreement is authorized pursuant to and by Article 5-g, Section 119-o, of the General Municipal Law of the State of New York.
- Delivery of Services.
- Busti shall provide code enforcement services to Harmony to administer and enforce the uniform fire prevention and building code, the energy conservation construction code, and the Town code, including, but not limited to, Harmony zoning code, with respect to all real property and improvements located within Harmony.
- Code Enforcement Responsibilities. The responsibilities of the CEO shall be those set forth in Section 381 of the New York Executive Law, the uniform fire prevention and building code, the energy conservation construction code, Harmony zoning code, as well as any and all other responsibilities properly delegated to the CEO by the Supervisor of Harmony.
- Personnel Policies. The CEO shall at all times be employees of the Town.
- Dedication of Time. It is understood that the Busti CEO will provide six hours per week on average to Town of Harmony matters. The CEOs shall submit to Harmony a quarterly written report detailing total time spent on code enforcement matters and shall attend the regular monthly meeting of the Town of Harmony Town Board upon request.
- Resources.
- Salary and Benefits. The Town shall be solely liable for the salary and any benefits to which the CEO shall be entitled. The CEO shall be at all times during the term of this Agreement an employee of the Town.
- Consideration. Harmony shall pay Busti an annual fee of $10,000 dollars for services provided by Busti as set forth in Section 3. The payment shall be due on or before April 15, 2022.
- Office Expenses. Harmony shall furnish all required office equipment, office space, utilities, postage, and supplies required to provide code enforcement services for Harmony. Harmony shall retain responsibility for issuance of notices as required under the law and organizing of their Zoning Board of Appeals and Planning Board to meet on such matters required under the law.
- Liability. Harmony shall bear all liabilities associated with any erroneous, illegal, or inappropriate actions performed by the CEO while performing his duties for Harmony pursuant to this Agreement and shall hold Busti harmless with respect thereto.
- Records of Harmony. Effective January 1, 2022, all code enforcement and other building records of Harmony shall be maintained at the offices of the Town of Harmony.
- Term. The term of this Agreement shall be for one (1) year, commencing on January 1, 2022, and continuing to December 31, 2022.
- Authorization. This Agreement is made and executed pursuant to a resolution by the Town Board of the Town of Busti, adopted on ______________________, 2022, and the Town Board of the Town of Harmony adopted on ___________________________, 2022. Pursuant to said resolutions, the Supervisors of the Towns are authorized to and have executed this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above.
TOWN OF HARMONY
By: __________________________________
John Brown, Supervisor
TOWN OF BUSTI
By: ____________ Jesse C. Robbins, Supervisor
STATE OF NEW YORK )
COUNTY OF CHAUTAUQUA ) ss:
On the _____ day of ______________ in the year 2022 before me, the undersigned, personally appeared John Brown, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
______________________________
Notary Public
STATE OF NEW YORK )
COUNTY OF CHAUTAUQUA ) ss:
On the _____ day of ______________ in the year 2022 before me, the undersigned, personally appeared Jesse C. Robbins, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
______________________________
Notary Public
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town Board of the Town of Busti authorize Supervisor Robbins to sign the preceding Intermunicipal Agreement with the Town of Harmony to share Code Enforcement Officer.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated the Town Board will set a Public Hearing on an Amended Solar Local Law at the April 4, 2022 Town Board meeting. He and Councilman Hanson will meet with Don McCord to move forward with the proposed Zoning Code changes.
Councilman Hanson noted the board had discussed seeking grant funding to construct new tennis/pickle ball courts at Loomis Park. He spoke with town resident, Candace Peterson, about assisting with grant writing. Ms. Peterson submitted a Grant Writing Proposal at a rate of $25 per hour. Discussion followed regarding the need for a survey. Attorney Seachrist stated the town could have a survey completed to mark the boundaries near the proposed site. There was discussion of constructing the courts near Lawson Road. Highway Superintendent Johnson will measure the proposed site to ensure the area is large enough for the new courts and the need for removal of some of the deteriorating trees in the park.
Councilman Gustafson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti accept the Grant Writing Proposal from Candace Peterson to write a grant application for funding to be used to construct new tennis and pickle ball courts located at Loomis Park. Ms. Peterson’s cost of labor is $25 per hour. The project would be funded from some of the ARPA funds, town’s labor, and grant funding from the Community Foundation.
Upon roll call vote, all aye, carried.
Highway Superintendent Johnson noted Chris Johnson is still interested in resurfacing the courts at Loomis Park. Mr. Johnson submitted the only bid for the project last fall and has said the cost of labor would remain the same as bided but wasn’t sure if there would be a change in the cost of materials. Superintendent Johnson will contact Mr. Johnson and report back to the board in April.
Supervisor Robbins noted the Town Court received notice that their Justice Court Assistance Program application has been selected for funding to purchase blinds for the Court Office. He thanked Court Clerk Beth Davis for her work on the JCAP application.
Supervisor Robbins noted the Town Board had received a letter from residents located on Canal Road regarding the town completing the road and the possibility of winter maintenance. Ray Ammerman who worked with Canal Road residents and drafted the letter regarding the partially paved road. His property is located at the point of the road where the paving ends and sees the unpaved area as an increasing hazard. He sees people walking on the unpaved road during better weather and many of them tripping and others have actually fallen. The town does not plow the road in the winter which leaves the road nearly impassable for residents and emergency vehicles. Tim Wells stated Vukote area is an odd area as it was originally a right of way for area residents only, but after the dredging of the canal, the town and DEC maintain the canal for things like trees falling down and other canal issues. Overtime, the road has become more of a thorough fair. There are now utilities up there: South & Center Sewer District, National Fuel Gas, BPU and National Grid. Access on the road is limited due to the road is only 10’ in some areas and has evolved over the years for access for the general public. The local residents would like to see the road paved the remaining way and the town has a right of way on the east end of the road. The residents don’t want the road being widen to the probable 20’ but are asking for the paving to be done to complete the road and are asking for some possible clearing of snow during the winter months. Superintendent Johnson asked Attorney Seachrist if the town could legally do any work on the road. Attorney Seachrist stated he didn’t believe the town could open the road a town highway. He looked at a memo he wrote in 2007 with the same issues, he noted the paving that was done by a former town supervisor with his own money; the town did not pay for any of that. Discussion followed. Attorney Seachrist stated he would like to do more research on this but he believes the Simpson Family had deeded ownership of the Spoils Area to the Vukote Drainage District. Mr. Wells stated the issue was who really owns the road and who is liable if someone gets hurt on it, what happens if emergency vehicles or utility vehicles need access. The road currently states it has “limited access”. Superintendent Johnson will measure the unpaved area and price out what paving it would be. He stated the Highway Dept would have to plow it with a pick-up truck and it would be difficult for the Highway Dept to do it due to the availability manpower and the width of the road. Councilman Hanson suggested looking at the situation in two steps and then make a decision at the April Town Board meeting: 1. Highway Superintendent measure the unpaved road and get an estimate of the cost to pave it. 2. Attorney Seachrist verify the town actually does own the road property. Attorney Seachrist stated he has a concern that if the road is fully paved it will open up to more people using it.
Supervisor Robbins noted the Town of Busti received a letter from Paul Fardink, member of the Chautauqua County Chapter of the Sons of the American Revolution (SAR). SAR have recently initiated a Revolutionary War Patriot Marker Program for cemeteries in Chautauqua County. They are requesting to install a marker at the Wellman Cemetery on Wellman Road. A battle-tested war veteran, Barnabas Wellman spent three years in the 7th Regiment of the Connecticut Continental Line and rose to the rank of Sergeant and was eventually appointed Drum Major of that regiment. They are requesting permission from the town to install this marker at Wellman Cemetery.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town Board of the Town of Busti authorize the Chautauqua County Chapter of the Sons of the American Revolution (SAR) to install a Revolutionary War Patriot Burial Marker at the Wellman Cemetery, on Wellman Road in the Town of Busti, to honor Drum Major, Barnabas Wellman.
Upon roll call vote:
Aye Nay
Supervisor Robbins X
Councilman Brown X
Councilman Andrews X
Councilman Hanson X
Councilman Gustafson X
Carried
Supervisor Robbins noted the Town received a request from Attorney Hope Fredickson to sign an Encroachment Agreement for property located at 4494 Gleason Road in the Town of Busti, Section 384.12 Block 1 Lot 41. The agreement would acknowledge a portion of the existing garage extends over the property boundary and encroaches on property owned by the Town of Busti. Attorney Seachrist has reviewed the agreement.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Supervisor Robbins be authorized to sign the following Encroachment Agreement for property located at 4494 Gleason Road.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated the Town of Busti has contracted with Municipal Solutions to file Annual Financial Statement Filings for the Town. These filings are what is used for any financial ratings used for certain bonds and notes. The cost for the filing by Municipal Solutions is $225 annually.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Supervisor Robbins be authorized to sign a contract with Municipal Solutions dated April 13, 2022 for MSRB Continuing Disclosure Updates and EMMA Filings.
Upon roll call vote, all aye, carried.
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. 3 from warrant #074 to and including warrant #142 in the amount of $109,248.97.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the February 7, 2022 Regular Meeting minutes; motion was duly moved by Councilman Brown.
All in favor, carried.
Councilman Brown inquired if ARPA funds could be used to help the Busti Fire Department. Discussion followed regarding the use of ARPA funds.
Councilman Gustafson inquired if the Swale Project was complete. Superintendent Johnson said that yes it is other than the periodic cleaning of the swales according to the grant.
Councilman Hanson stated he had someone, who specializes in Battery Storage Grids, review the current Battery Law who suggested the town update the law. He noted the suggested changes and Councilman Hanson will forward them to the board and Attorney Seachrist. Attorney Seachrist stated due to the way technology is changing the law should be reviewed every year.
Supervisor Robbins noted the Assessor received notification from the state that they are proposing to drop the Town’s equalization rate from 92% to 82%. The Assessor Office plans to begin preparing for a town wide reval however due to the current inflated prices in the housing market it has been recommended the Town wait until 2024 to do the actual reval.
Supervisor Robbins moved to adjourn the regular meeting at 8:41 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk