REGULAR MEETING
May 2, 2022
A regular meeting of the Town Board of the Town of Busti was held on Monday, May 2, 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, Code Enforcement Officer Jeff Swanson, Assessor Tera Darts, Jim Francisco, and Jack Knowlton.
Jim Francisco stated he had been at previous Town Board meetings and inquired about the town expanding the water lines in the Hamlet, he asked if there has been any further discussion regarding the matter. Supervisor Robbins stated the county is working on it, there needs to be a determination of who is responsible for the installation of 2,600 feet of pipe and the engineering. Discussion followed. Councilman Hanson stated BPU needs to look into increasing the pressure and water supply before any decisions are made regarding expanding the district.
Town Clerk Darlene Nygren reported she has closed out the 2022 Tax Collection records and took the records with the final payment to the county on April 22, 2022. She is waiting for the county to send Certificate of Satisfaction acknowledging they agree with her records. Clerk Nygren noted she submitted a draft Updated Standard Work for elected and appointed officials for the purpose of determining days worked reportable to New York State and Local Employee Retirement system for the board’s review. She also submitted a list of people who have agreed to be on the Bicentennial Committee for the board’s review and approval. Lastly, Clerk Nygren thanked the board for allowing her to attend this year’s NYS Town Clerk Association’s conference. She attended a seminar with NYS Cemetery Association where the speaker addressed helping private cemeteries that are experiencing financial hardship and changes for all cemeteries that went into effect in 2018. Clerk Nygren recommended the town set up a meeting with a representative from the NYS Cemetery Association and invite a representative from Sunset Cemetery to participate in the meeting.
Lakewood Busti Police Chief Chris DePonceau reported 733 incidents from April 4, 2022 to May 2, 2022 which included 202 area business checks, 14 shoplifting complaints, 45 property checks, 132 vehicle stops, and 29 warrants served or put in the system. There was an incident at a short-term rental in the village that resulted in 4 arrests with multiple charges.
Highway Superintendent Greg Johnson reported he is working on purchasing materials to repair the courts at Loomis Park, the supplier is having a difficult time finding the product. He was told that NOVA in Buffalo may have the product. The Highway Department will be replacing two cross pipes on Orr Street before they oil and stone the road. He ordered both pipes but only one was available and the supplier is not sure when the other pipe will come in. Superintendent Johnson noted he received a resignation from Colin Larson effective immediately. He asked for the board’s permission to advertise for a MEO, the candidate will need both a CDL and operator’s experience. An intern from BOCES will be working with the department from May 9th through June 3rd, he will work a couple hours a day. The summer road work will include oil and stone on Orr Street and Kortwright Road; NOVA chip Garfield from Baker Street to Orr Street; pave the following roads: Shadyside Road from Hunt Road to Village of Lakewood line; Cowing Road from Shadyside Road to Big Tree Road; Stoneman Road at the brewery; Gleason Road from Big Tree to First Avenue; Nutt Road from Shadyside Road to Busti Sugar Grove Road; if time and money allow the department would like to NOVA chip Goosecreek, Lakeside, Loomis, and Vukote. He gave the board a copy of the proposed paving work with the cost, however, he has been told to add $4 per ton to what was quoted in April. CHIPS, Pave NY, and Extreme Weather Recovery funds should cover most of the cost of the paving; the NOVA chip and oil & stone will be paid with 2022 budgeted funds.
Councilman Gustafson motioned the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Highway Superintendent Greg Johnson be authorized to advertise on Indeed for a Machine Equipment Operator (MEO), applicants must have a Class B and CDL driver’s licenses and preferably operators experience, the candidate will work 40 hours per week with the pay rate will be $17 per hour. The job posting will be posted for two weeks.
Upon roll call vote, all aye, carried.
Code Enforcement Officer Jeff Swanson reported the Williamson Law CEO program is up and running, there are a few glitches that still need to be worked out. CEO Swanson and Fire Inspector Wilfong were not able to complete the training due to computer issues. He is working with Williamson Law specifically on having the ability to copy and past sections from ICC for an “Order of Remedy” for building without a permit. CEO Swanson contacted Chautauqua County Landbank regarding a property that is currently on the County Tax Foreclosure list. He was out of the office for eight days due to COVID and is trying to catch up with work from that time. He sent an email to Supervisor Robbins and Attorney Seachrist copies of the new Section 1203
that New York State is mandating that each municipality update their Section 1203. Discussion followed. Attorney Seachrist stated it would require passing a Local Law to adopt the new Section 1203. Councilman Gustafson asked if the computer issues have been resolved, CEO Swanson stated yes there was an issue with one of the cords that have been corrected. Councilman Gustafson asked if they have completed the training for the CEO system, CEO stated that any further training will fall under “Annual Support”, he has asked Fire Inspector Wilfong to create a list of questions he has on the system. The initial training was not on the live system, with the “Annual Support” Williamson Law is able to work specifically with the Town of Busti files and teach from there. He is creating a list of questions to go over with Williamson Law if he can’t figure things out. Councilman Gustafson encouraged CEO Swanson to work with Williamson Law to get everything from the code corrected and have the system on the same page, which will assist with both Mr. Swanson and Mr. Wilfong to learn how to use the system to its fullest capabilities. Councilman Gustafson said he would help in any way needed.
Jack Knowlton reported 68 calls for the month of April with a year-to-date total of 330, up 45 from 2021. The new ambulance is here and should be road ready in the next month or so.
Attorney Joel Seachrist reported most of the items he has pending are on the agenda. He will work with Code Enforcement Officer Swanson to draft the “Order to Remedy” for the Fisher properties. Mr. Seachrist noted there is a new Supreme Court Justice with a new clerk, both are residents of Chautauqua County. Once an “Order to Remedy” has been issued the property owner has 30 days to remedy, if there is no remedy the case will be filed with the court mid-June. Mr. Seachrist will contact CEO Swanson to schedule a time to gather information for the “Order to Remedy”.
Superintendent Robbins noted the ARPA report was submitted April 25, 2022. Councilman Brown questioned how often the town was required to submit a report. Clerk Nygren will reach out to Baghat & Laurito Baghat to answer that question.
Supervisor Robbins stated the town is waiting to hear back from NYS DEC regarding the 2022 Herbicide Treatment application.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti Town Board hold public hearings on Monday, June 6, 2022 at 7:00 p.m. at 125 Chautauqua Avenue, Lakewood, New York to consider a Local Law to amend the law regulating Commercial Solar Energy Facilities and at 7:15 p.m.to consider a Local Law to revise regulations for commercial battery energy storage systems.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted he and Councilman Hanson will be meeting with Don McCord to go over the proposed changes to the Zoning Code. They will submit any suggested changes to the Comprehensive Implementation Committee after their meeting. Attorney Seachrist reminded the board the new law will have to include any new local laws including the proposed Solar law and Energy Storage System law.
Supervisor Robbins noted the board had received the list of Bicentennial Committee members, as follows, and moved to approve the committee; motion was duly moved by Councilman Brown.
All in favor, carried.
Town of Busti Bicentennial Committee
Chairperson: Darlene Nygren
Supervisor: Jesse Robbins
HW Super: Greg Johnson
LBPD: Chris DePonceau
Fire Dept: Tim Switaj
John Crandall
Mike Voty
FD Auxiliary: Diane Terrano
Mary Griffin
Community: Tara Cotter
Joe Johnson
Ben Troche’
Alex Sullivan
Laury Marshall
Clerk Nygren stated she would inform the board if any additional committee members were being added to the committee.
Discussion followed regarding tentative plans for the Bicentennial that will be presented to the committee for their final approval.
Supervisor Robbins noted Cemetery Caretaker, Jack Knowlton, has asked to have a flagpole installed at the Bentley Cemetery. He suggests the town purchase a 25’ pole with a 4’ x 6’ flag and a solar light for the top. The cost will be just over $500 and the Village of Lakewood has agreed to pay half of the cost.
Supervisor Robbins moved the following resolution which was duly move by Councilman Gustafson:
RESOLVED, the Town of Busti purchase a 25’ flagpole with a 4’ x 6’ flag and a solar light for the top to be installed at the Bentley Cemetery. The cost should not exceed $600 and will be split with the Village of Lakewood.
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 the price for the 2022-23 Transfer Station Sticker at $110 and $25 for an additional sticker.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted that Cindy Saxton, Saxton Kocur & Associates, LLC, had notified him that Bookkeeper, Debbie Johnson, will be leaving their company and they do not have a replacement for her. Ms. Saxton asked if the town had any other source to hire a bookkeeper. Supervisor Robbins contacted the town’s former bookkeeper, Sue Williams, to see if she would be interested in the position. Ms. Williams currently is employed by Haines & Company, CPA. Supervisor Robbins and Town Clerk Nygren met with Ms. Williams along with the president of Haines & Company, Bruce Gould, to discuss contracting with their company for the service of a bookkeeper. They submitted a proposal for the service in the amount of $1,083 per month. Saxton Kocur & Associates charged $943 per month for a bookkeeper which means there would be an increase of $140 per month. Supervisor Robbins noted that Ms. Williams knowledge from previously working with the town is valuable and worth the increase.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti contract with Haines & Company to provide a bookkeeper with a monthly fee of $1,083. Supervisor Robbins is authorized to sign the said contract with final approval of counsel.
Upon roll call vote, all aye, carried.
Councilman Andrews noted there is an open municipal seat for Chautauqua Lake and Watershed Management Alliance Board of Directors, but it is not the Town of Busti’s representative. The Town of Ellery has submitted a nomination for the open seat.
Supervisor Robbins noted that he and Attorney Seachrist had met with Andrew Reilly with Wendel Engineering, Mr. Reilly informed them that the 94C Large Scale Solar Projects should pay for an Engineer and Legal Counsel for the town. Mr. Seachrist reiterated that the 94C projects are overseen by NYS Office for Renewable Energy, there is a process in place that once the company submits an application the involved municipality can get what is called intervenor funds to be used for engineering and legal counsel related to the application. The towns that are involved in the proposed projects should get involved early in the project to work with the applicant to try to make the project environmentally friendly and better for its residents. It is now routinely accepted that the applicant will pay money to the towns, upfront, before they submit their application, and the funds can be used by the towns for engineering and legal counsel to work with the applicant to make sure the Town Zoning Code is being observed as much as possible.
Supervisor Robbins moved the following resolution, motion was duly moved by Councilman Andrews:
RESOLVED, Supervisor Robbins be authorized to sign a contract with Wendel Engineering to act as the Engineer for the Town of Busti on any 94C Large Scale Solar Project at an agreed cost not to exceed $50,000 and with the condition that the developer agrees to pay intervenor funds to the Town of Busti,
Upon roll call vote, all aye, carried.
Supervisor Robbins asked Attorney Seachrist to review the town’s regulations on 5G. Mr. Seachrist noted the town had passed a resolution permitting fees for “Small Cell Facilities” as follows:
- An initial, non-refundable permit/administrative fee of $500.00 for each permit application submitted to place and operate up to five (5) Small Wireless Facilities on public right-of-way or other public property, or on private property, with an additional $100.00 for each node beyond five;
- An initial, non-refundable permit/administrative fee of $1,000.00 for each new pole and/or new support structure (i.e., not a collocation) intended to support one or more Small Wireless Facilities.
- An annual license fee of $270.00 per Small Wireless Facility in the public right-of-way or on other public property.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown.:
RESOLVED, upon the recommendation of Attorney Seachrist, the Town Board refer the town’s current 5G regulations to the Planning Board and ask them to look and see if the current regulations need to be modified with the anticipation of the buildout of the 5G system. Motion was duly moved by Councilman Brown.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to set a public hearing on the 6th day of June, 2022, at 7:30 p.m. pursuant to Sections 405.13(B)(4) and Section 405.27(G) of the Town of Busti Zoning Code at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, on the application of Andrew VanEvery, 20 Abbey Rd, Jamestown, New York, for a Special Use Permit allowing him to construct a shed and a 40’ x 40’ alone building (pole barn) on a vacant lot located at 297 Creek Road, which parcel is designated on the official tax map of the Town of Busti as Section 454.00, Block 1, and Lot 5.5.3 & 4. Motion was duly seconded by Councilman Andrews.
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. 5 from warrant #212 to and including warrant #282 in the amount of $50,236.20.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the April 4, 2022 Regular Meeting minutes; motion was duly moved by Councilman Brown.
All in favor, carried.
Councilman Andrews will notify the board as soon as he hears anything about the DEC herbicide application.
Councilman Hanson stated Councilman Andrews should have the layout for the Loomis Park tennis court. The board will need to talk about what will be need for estimates and after it is put together Councilman Hanson will submit it to the grant writer. The Community Solar proposal can be discussed at the next meeting.
There was discussion regarding the distance for sending notification to residents regarding Special Use Permits.
Supervisor Robbins asked Attorney Seachrist to inform the board about the Chautauqua Mall assessment. Mr. Seachrist stated the company that owns the mall is challenging their assessment, which has been going on for nearly two years. The Town has hired Wright and Calimeri to handle the case. A couple of months ago, the Town received notification that the company that owns the mall has filed for bankruptcy in the Western District of Texas Bankruptcy Court and have petitioned the judge there to settle the assessment for the Chautauqua Mall. They are essentially trying to do an end run around the Chautauqua County Court. Attorney Joe Calimeri has contacted the company and discussed if there was a possibility of settling their assessment case prior to when they go to the bankruptcy court. The town has had some sort of an appraisal done which would reduce the current assessment but not to the point that the company wants it to be. The question to the board is: do you want to accept the company’s settlement offer or spend a little bit of money and fight their motion in the bankruptcy court in Texas. Attorney Calimeri wanted input from the Town Board prior to trying to line up representation for that court. The cost of hiring an attorney in Texas would be shared with Chautauqua County and Southwestern Central School District in proportion to their tax rates. The board agreed to move forward with Wright and Calimeri Law hiring legal counsel in Texas for the assessment challenge.
Supervisor Robbins moved the board enter into Executive Session to discuss personnel matter and possible litigation at 8:05 p.m. duly moved by Councilman Brown.
The board closed the Executive Session at 9:30 p.m.
Councilman Andrews moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, effective June 1, 2022 Tera Darts be appointed Assessor/Appraiser with an annual salary of $70,000; and upon the completion of each of the two (2) remaining required New York State Assessor courses she will receive an additional salary increase in the amount of $2,500 for each course, at which time her annual salary will be $75,000.
Supervisor Robbins moved to adjourn the regular meeting at 9:44 p.m. which was duly moved by Councilman Hanson.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk