REGULAR MEETING
October 3, 2022
A regular meeting of the Town Board of the Town of Busti was held on Monday, October 3, 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 Todd Hanson
Councilman Paul Gustafson
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed, Supervisor Robbins asked those present to remember the residents of Florida who were affected by the recent hurrican.
Present at the meeting in person: Highway Superintendent Greg Johnson, Lakewood Busti Police Chief Chris DePonceau, Attorney Joel Seachrist, and Wyatt Johnson.
Town Clerk Darlene Nygren reported her office mailed the Dog Enumeration notices to town residents on October 1st. Residents are asked to complete and return the notice no later than October 31, 2022. Residents who own an unlicensed dog are instructed, per New York State Law, to license their dog no October 31st to avoid paying an Enumeration Fee. After October 31st, the town’s Dog Control Officer will begin doing house visits to residents who did not respond to the survey. Clerk Nygren reported October 1st was the last day to buy doe permits; the insurance committee will be meeting with our insurance agent this Thursday to discuss health insurance options for 2023; the Bicentennial Committee has been meeting on a monthly basis and has set April 16, 2023 at the Bicentennial Kick-off celebration. The celebration will be held at the Lakewood Rod & Gun with a chicken barbeque, children’s activities, a DJ, a band, and fireworks. The Busti Fire Dept Auxiliary will be holding a Miss Busti competition in the spring. The Busti Fire Department will be having the annual Memorial Day parade and are working on how to honor veterans from the Town of Busti and having the town give them some type of a commemorative gift. Norm Carlson has discussed holding lectures through the summer to highlight Paul Busti, the Packard Estate, the Stoneman family, and other local historical events/people. Other events that are being scheduled for the summer of 2023 is a golf tournament, a Stateline Speedway Feature night, and a Town of Busti night at a Tarp Skunk game; the committee has also discussed other events to be held in June, July, and August. The Busti Fire Department signed a contract with Main Event Amusements for the week of September 21 -24th during that time there will be concerts held near the carnival area, and on Saturday there will be a parade in the morning and fireworks that night. Chief DePonceau, Supervisor Robbins, and Mayor Holcomb are discussing how to provide the best security while the carnival is here. The committee wants to have a Bicentennial Facebook page and Instagram account; has discussed sending letters to local businesses for sponsorships for the various events; and plans to send a letter to Town of Busti residents announcing the Bicentennial Celebration and listing the various events.
LBPD Chief DePonceau reported from 9/12 – 10/3 the department had 566 incidents including 124 business checks, 10 checks of well-being, 8 larceny complaints, 14 motor vehicle accidents, 15 property checks, 13 shoplifting complaints, 10 suspicious situations, 147 vehicle stops, and 20 warrants – wether entered in the system or served. The speed trailer has been moved to 7 different locations and is currently located on S. Main Street near Norby Road. The department was involved in two vehicle pursuits over the weekend; one started in Jamestown and went through to Ashville, a warrant has been issued for the driver; the second incident was the department received a complaint of a trailer theft, the trailer was seen at a local gas station and a pursuit started on Winch Road and the vehicle was stopped on Southwestern Drive – the driver has been arrested and charged.
Code Enforcement Officer Jeff Swanson was not in attendance – no report
Attorney Joel Seachrist reported he sent a letter to DEC regarding the Floodplain audit and has not heard back from them. The Busti Trap Club issue seems to be resolved; they have posted signs that shot guns are the only permitted firearms. Attorney Seachrist noted Supervisor Robbins asked him to research back to when the canal retaining walls were last required to be repaired. He found that in April 1999, after canals had been dredged, the town passed a law requiring residents to repair the walls. In 2003 Rex Tolman was the engineer for the town; he completed an onsite investigation, via a boat, to determine what walls were insufficient; prepared a report and letters were sent to property owners whose walls needed repair and required they be repaired. Attorney Seachrist asked the board if they wanted to hire an engineer to do similar work since it has been nearly 20 years. Councilman Hanson asked if this was something that the Alliance could assist the town with. In 2005 the town adopted a law regarding a spoils area in Vukote; the town owns the strip of land along the canal. The law addressed the fact that people had built within the spoils area; the law stated those buildings were permitted to remain in the spoils area until it needs to be replaced it must be removed. There is a clause that states future structures would be required to be flat so the town could get their equipment on the spoils area if needed. Attorney Seachrist stated it would be vital to be communitive with the residents if the board decided to hire another engineer to access the condition of the current walls. Discussion followed. It was suggested that the board reach out to Andy Johnson and ask if he would be interested in surveying the canal walls. Supervisor Robbins will contact Mr. Johnson regarding surveying the retaining walls in the canal, taking pictures of the spoils area, and any recommendations he might have about dredging the canal and ask if he is aware of any grants that might assist with the cost of such project.
Supervisor Robbins noted it was 7:00 p.m. and motioned to open the Public Hearing, regarding the adoption of Local Law No. 6 for the year 2022, entitled Revising the Fees Charges for the Impoundment Fees. Motion was seconded by Councilman Brown.
All in favor, carried
Proof of publication was placed on file.
No one present spoke on the proposed law.
Supervisor Robbins motioned to close the public hearing at 7:02 p.m., seconded by Councilman Brown.
All in favored, carried.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Brown.
RESOLVED, the Town Board of the Town of Busti adopt Local Law No. 6 of 2022 entitled Revising the Fees Charges for the Impoundment Fees as written.
Upon roll call vote, all aye, carried.
Town of BUSTI
Local Law No. 6 for the year 2022
REVISING THE FEES CHARGES FOR THE IMPOUNDMENT OF DOGS
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. REVISED DOG IMPOUNDMENT FEES
Section 175-10 of the Town of Busti Code is hereby amended to provide as follows:
- 175-10 Redemption.
If the dog is to be redeemed after having been impounded pursuant to state law, rule or regulation or Town law or ordinance, the owner shall pay the Dog Control Officer a $40.00 fee for the care of the dog while impounded plus an impoundment fee, as follows:
(a) Not less than ten dollars for the first impoundment of any dog owned by that person;
(b) Not less than twenty dollars for the first twenty-four hours or part thereof and ten dollars for each additional twenty-four hours or part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that person; or
(c) Not less than thirty dollars for the first twenty-four hours or part thereof and ten dollars for each additional twenty-four hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
SECTION 2. VALIDITY AND SEVERABILITY
If any part or provision of this Local Law shall be declared invalid, void, unconstitutional or 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. EFFECTIVE DATE
This Local Law shall take effect immediately upon it being filed in the office of the Secretary of State.
Highway Superintendent Greg Johnson reported the department dug out Canal Street and put millings on it with the paver. The department will not plow the street and no signs were posted. Supervisor Robbins noted Superintendent Johnson and his crew took the old D plow and moved it out to the front of the Highway Building with landscaping, it looks very nice. Superintendent Johnson noted he met with Councilman Hanson to discuss updating the electrical service at the garage and they looked at all the lights for the Hamlet signs and the monument and will price the cost of all of that. Supervisor Robbins thought the Hamlet Committee could cover the cost of the Hamlet lights. Eric has been out with the mower, cutting shoulders, the department is getting caught up with the pipe jobs, and finishing jobs before winter.
Superintendent Johnson asked the board for approval to apply for BL Wholesale credit.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Supervisor Robbins be authorized to sign a credit application with BL Wholesale in the amount of $5,000 and Superintendent Johnson be authorized to use the credit for Highway business.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated the Zoning Law draft is ready to be reviewed before coming back for the board’s approval to move forward. He and Councilman Hanson would like to schedule a meeting with Don McCord, the Planning Board, and the Comprehensive Plan Committee. Clerk Nygren will contact the group and schedule the meeting. Attorney Seachrist noted that once the draft is ready, he will need to convert it to a Local Law. Discussion followed. Attorney Seachrist suggested adding “Sunset Language” which addresses use that is inconsistent with the law.
Supervisor Robbins asked Attorney Seachrist if he will take the various list of outstanding documents for the application for a Large-Scale Solar facility located on Orr Street and compile a list that will be sent to Solar Liberty in a letter informing them of what need to be received prior to the board voting on the project. Attorney Seachrist will compile a list and format a letter for the board’s review. The board also asked him to send a letter to Solar Liberty regarding the S. Main Street application.
Supervisor Robbins noted the board received one bid for the sale of a portion of lots located on Hoag Road known as Section 401.00 Block 1 Lots 46 & 47 and owned jointly with the Village of Lakewood. The portion of land to be sold would be 1,524 feet along the southern border of both lots x 50 feet which is approximately 1.75 acres along the southern border. The bid was from Andy Ohl and in the amount of $1,760 and he will incur all legal transfer, title search, and necessary survey fees required to process the deed transfer. Mr. Ohl stated he would be willing to bid an additional $1,250 to purchase a total of 2.83 acres if the board would consider selling the additional acreage.
Councilman Hanson moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti accept the bid from Andy Ohl in the amount of $1,760 to purchase a portion of lots located on Hoag Road known as Section 401.00 Block 1 Lots 46 & 47 and owned jointly with the Village of Lakewood, contingent on the approval from the Village of Lakewood. The portion of land to be sold would be 1,524 feet along the southern border of both lots x 50 feet which is approximately 1.75 acres along the southern border.
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 hold a public hearing on October 17, 2022 at 7:00 p.m. regarding the adoption of Local Law No. 7 of 2022 entitled ADOPTING REGULATIONS FOR CATS.
Upon roll call vote, all aye, carried.
The board asked Clerk Nygren to send them the drawings to repair/replace the rear steps at the Administration Building for their review.
There was discussion to clarify the use of the transfer station for recyclables for residents who have not purchased an annual sticker. It was noted that the town has to pay for the disposition for all recyclables that are received at the transfer station.
Councilman Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, based on the fact that the Town of Busti pays to have the trash and recyclables received at the transfer station the purchase of a transfer station sticker is required for any person to use the facility to dispose of recyclables as well as trash.
Upon roll call vote, all aye, carried.
Town Clerk Nygren received the 2023 Tentative Budget and has distributed it to the Town Board prior to this meeting. Supervisor Robbins noted the 2023 Tentative Budget submitted to the Town Clerk needs to an adjustment in the Water Districts. He will send those changes to the board to vote on at the public hearing.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board hold a public hearing on October 17, 2022 at 7:30 p.m. regarding the 2023 Preliminary Budget.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated the Busti Historical Society has submitted a letter to the Town Board requesting the transfer of four culvert pipes that are on the firemen’s property to the society. Discussion followed.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti declare the culvert pipes located at the Firemen’s Grounds as surplus and donate four of them to the Busti Historical Society and the remaining of them at the Highway Superintendent’s discretion to dispose of.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to authorize Code Enforcement Officer Swanson and Fire Inspector Wilfong to attend the Q4 Energy Code Enforcement Training Western NY on November 9, 2022 at BOCES, Salamance, NY at no cost. Motion was duly moved by Councilman Brown.
All in favor, passed.
The board discussed the purchase of Disk Golf Baskets for the course located at Lawson Park. Councilman Andrews suggested inviting the designer to the next Town Board meeting to present a plan to upgrade the course to be a Class 1 course. Clerk Nygren will invite them to attend the October 17th Town Board meeting.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti Town Board authorize Supervisor Robbins to sign contract with Saxton Kocue and Associates, CPAs for the service of monthly reconciliations, as needed consultations, and preparation of the annual AUD at an hourly rate of $110 and the annual cost not to exceed $12,000.
Upon roll call vote, all aye, carried.
Attorney Seachrist will review the Busti Solar Project LLC Metering Credit proposal and be ready to discuss with the board at the next meeting.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 10 from warrant #544 to and including warrant #595in the amount of $46,655.73.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the September 12, 2022 Regular Meeting minutes; motion was seconded by Councilman Andrews.
All in favor, carried.
Supervisor Robbins noted the Village of Lakewood continues to have a moratorium on Short Term Rentals until they are able to finalize new regulations for them. They have said they will share their findings with the town. Clerk Nygren noted the Association of Towns and Southern Tier West both have upcoming seminars on Short Term Rentals.
Councilman Andrews stated Chautauqua Lake Association has had a financial loss this year and are asking for a donation from the town. The Highway Department has used them this year to help clean out the canal.
Councilman Andrews moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the Town of Busti donate $4,000 to Chautauqua Lake Association for 2022.
Upon roll call vote, all aye, carried.
Councilman Gustafson reported the Chautauqua County Rehabilitation and Protection Committee has held a couple public meetings that have been heated. They will hold a few more. Community members have held some of their own meetings. The county committee is working on a proposition of how to develop lake districts and how it should be taxed, but it is still in the early stages.
Superintendent Johnson said he is hoping to have the Lawson Park Pavilion roof replaced before snow comes. Discussion followed.
Supervisor Robbins moved to adjourn the regular meeting at 8:15 p.m. which was duly moved by Councilman Brown.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk