REGULAR MEETING
April 3, 2023
A regular meeting of the Town Board of the Town of Busti was held on Monday, April 3, 2023 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 Doug Brown
Councilman Paul Gustafson
Councilman Todd Hanson
Absent: Councilman Jim Andrews
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 Department Chief Chris DePonceau, Code Enforcement Officer Jeff Swanson, Attorney Joel Seachrist, Busti Fire Department Chief Matt Stafford, Janet Stanek, Adam Rizzo – Solar Liberty, Alisha Briggs – Little Angels, Greg Edwards, and Bill Strutchen.
Town Clerk Darlene Nygren reported her department has collected $6,707,798.14 for the 2023 County Town tax collection, today was the last day to collect in her office. She will continue to process payments received via USPS that are postmarked April 3, 2023 or earlier. Clerk Nygren reminded the board and residents that she will be out of the office April 24th through the 26th for New York State Town Clerk’s Association’s annual conference. The clerk’s office will be closed during that time while JMI works on the HVAC and ductwork. She will be closing her office the afternoon of April 19th as well. Flyers for the Bicentennial Kick-Off were mailed to residents; tickets for the chicken BBQ can be purchased in her office, from Bicentennial Committee members, and Town Board members. Posters and yard signs are available for anyone who would like to display them. Clerk Nygren received confirmation NYS Department of State received the new Zoning Law, which took effect on April 1, 2023. The law has been submitted to General Code to be codified and then updated in the Town of Busti Town Code. She will order new Zoning District maps for the Code Enforcement Office and her office.
Lakewood Busti Police Chief Chris DePonceau reported 665 incidents from March 6, 2023 to April 3, 2023 which included 16 Alarms, 175 business checks, 8 assists to the fire department, 12 checks for well-being, 5 disorderly people, 5 domestic disputes, 9 larceny, 7 lines down, 20 vehicle accidents, 86 property checks, 12 responses to shop lifting complaints, 9 suspicious situations, 6 suspicious people, 16 vehicle complaints, 12 traffic hazards, 68 vehicle stops and the department has handled 41 warrants. The year to date total is 2,274 incidents. Supervisor will coordinate a meeting with the Historical Society, Fire Department, and Bicentennial Committee to discuss the traffic pattern at the September events.
Highway Superintendent Greg Johnson reported the department was busy cleaning up trees over the weekend and today, they have been working with Mike installing the Disc Golf baskets. He has been measuring roads for blacktop, has ordered limestone, and installed the “No Smoking” signs on town property.
Code Enforcement Officer Jeff Swanson reported he and Fire Inspector Wilfong attended the annual training in Rochester. He met with a representative from Williamson Law and discussed how to complete his department’s annual report which was filed with the Department of State. He is still learning how to upload documents to the CEO software. They were told in training that two things that could trigger an audit from the state were Roof and Use Permits. He recommends the town begin requiring roofing permits, there are a number of municipalities that already require them which only allow covering one layer and it is mandated in the 1203. It is up to the board if they want to charge for the roofing permits. He does not recommend the town begin to require Use Permits. He and Clerk Nygren will review the fee schedule and see if it needs to be updated with the new zoning law. He is looking to see if a Floodplain permit will be required for break walls. Greg Sykes will begin his training in July. Fire Inspector Wilfong will be down to working two days a week. Discussion followed regarding fees for Roof Permits.
Busti Fire Chief Matt Stafford thanked the Highway and Police Departments for their assistance during and after the storm that came through on Saturday, there were a number of trees that were blown down due to the high winds. Chief Stafford reported the department had 31 incidents for March 2023 – including 24 EMS, 1 Fire, 1 MVA, and 1service calls. There have been 98 incidents year to date compared to 102 last year. The recent storm damage will be on next months report. The Jamestown and County billing contracts are still at the attorney’s office but they can be back dated to December when they get the go ahead. Hose testing will be held on April 19th with a company out of Pittsburg, Kiantone Fire Department will be there as well. Year to date mutual aid – there have been 2 out of state, 1 to Frewsburg, 20 to Jamestown, (in March Jamestown had 7 but cancelled 3 of them), there was 1 to Kiantone and 1 to Lakewood.
Attorney Seachrist reported he still needs to get the zoning violation letter sent on the Johnson property. He would like to talk to the board on another issue but will do in Executive Session, this is an ongoing litigation.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board enact Local Law 3 of 2023 entitled A LOCAL LAW ENACTING A PROPERTY TAX EXEMPTION FOR VOLUNTEER FIREFIGHTERS AND AMBULANCE WORKES PURSUANT TO SECTION 466-a OF THE REAL PROPERTY TAX LAW.
Upon roll call vote, all aye, carried.
This law will give volunteer firefighters and ambulance workers a choice between the local tax exemption and the state’s $200 income tax reduction.
Assessor Tera Darts stated she is not aware of another town that officer the veteran’s exemption with the exception of when a property is purchased with “eligible funds”. Discussion followed. Assessor Darts will contact the Town of Chautauqua regarding any veteran exemptions they offer.
Keller Road resident, Janet Stanek, is following up on her concern for the neighboring property. She believes the property should be considered developed property which would require it to be mowed once a month during May, June, and July. She states the lawn maintenance is necessary due to the presence of rodents and a safety issue with the vision line, the canal that limits boats seeing oncoming boats. Attorney Seachrist noted he and CEO Swanson have discussed the matter and agree this can not be considered a developed lot. The town does not have any authority to monitor canal traffic. Discussion followed. Attorney Seachrist reiterated that a driveway and utilities does not make a lot considered “developed”.
Adam Rizzo, Solar Liberty, stated he was caught off guard and didn’t realize they were on the agenda until this afternoon. He stated Solar Liberty received Attorney Seachrist’s letter last week and sent a response stating Solar Liberty has no intention of withdrawing their Special Use Permit application to construct a Large-Scale Solar System located on S. Main Street. And wants to pursue the application. They felt that they have submitted the documentation requested. Attorney Seachrist stated that the board has not received any documentation after the Positive Declaration was passed over a year ago. Discussion followed. He noted it is not the town’s responsibility to submit the information but rather Solar Liberty’s responsibility to submit the information. He recommended Solar Liberty hire an attorney that is familiar with advance SEQR issues and would assist them in knowing what the town is asking them to provide. The town will only start the scoping process after the required documents have been received. Attorney Seachrist stated at some point the application has to be considered withdrawn, it can not remain open indefinitely. The town has taken the position is that after a year the application is considered is considered dead. Mr. Seachrist the item being on the agenda was there just to note the town received a response letter from Solar Liberty.
Mr. Rizzo asked what the next step was for the Orr Street project. Attorney Seachrist noted they have been approved for the Special Use Permit. The next step is to have a final site plan review with the Planning Board. Solar Liberty needs to submit the required documents that are stated in the Special Use Permit. The documents need to be submitted to the town prior to setting a final Site Plan Review with the Planning Board. Councilman Hanson stated these have to be submitted and reviewed to ensure they are complete prior to a Planning Board meeting. Mr. Rizzo asked if the PILOT or Host Community Agreement have been approved. He stated the comments have been sent to the attorney and supervisor. They are trying to get in front of Chautauqua County IDA, who says they are waiting on Supervisor Robbins. Supervisor Robbins will contact the IDA.
Alisha Briggs, Little Angels Animal Sanctuary, noted the town had passed a Cat Ordinance and the next step is the handling of the actual task. The sanctuary is completely a volunteer organization, any money received from the town would go directly towards the cost of spade and neutering. If there was an emergency, there are emergency fund raisers that would cover the cost. She stated in the Village of Mayville, between July and December 2022, there were a total of 56 cats trapped and 45 of them were fixed with a total cost of $2,678. However, when a cat is adopted to an in house location, they receive $20 to offset the overall cost which brought the final cost to $2,256.80. If the town decided to move forward with an agreement with Little Angels there would be a one-time fee of between $2,500 to get started and have a 9 month renegotiation for the coming year. The cost of fixing is $90 and includes ear clipping. There was a discussion if this law would include the Village of Lakewood; Attorney Seachrist stated the law would be like any other law which is applies to outside the Village. Ms. Briggs is fully insured and have NYS Ag and Markets license.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Supervisor Robbins be authorized to sign an agreement, when the attorney has completed it, with Little Angels, Animal Sanctuary, LLC . The agreement will be drafted using the Village of Mayville’s agreement for a draft and modified to fit the Town of Busti’s needs and will include a one-time start up cost of $2,500 which will be reevaluated after nine months for the following year’s cost of the service.
Upon roll call vote, all aye, carried.
The town board has reviewed the letter received from Chautauqua County Agricultural & Farmland Protection Board. Re: Final Notice of Intent to Undertake an Action within an Agricultural District, SL Jamestown, LLC in the Town of Busti, Chautauqua County Agricultural District No. 8. The town board is referring the letter to the Planning Board.
Supervisor Robbins asked Superintendent Johnson what needs to be done with the Cemetery Sexton. Discussion followed regarding the term of the current contract. Supervisor Robbins stated there was a gentleman who was interested in taking over the work. Discussion followed. Councilman Gustafson will contact Mr. Allen regarding the mowing of the town cemeteries this year under an emergency situation and contact Mr. Knowlton’s son-in-law regarding handling the burials this year under an emergency situation. Attorney Seachrist suggested Mr. Knowlton’s wife sign the current Cemetery Sexton agreement to Mr. Allen and her son-in-law.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Town Clerk Nygren be authorized to advertise for Cemetery Sexton bids if the needed.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Linda Anderson be reappointed as Planning Board member for a seven-year term.
Upon roll call vote, all aye, carried.
Attorney Seachrist will review the proposed additional uses of Stateline Speedway property and how they would fit into the current zoning code.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Supervisor Robbins be authorized to sign the M&T Commercial Deposit Agreement.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Supervisor Robbins be authorized to sign the Amendment to Memorandum of Understanding Chautauqua Lake.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Solitude Lake Management be authorized to act on the Town’s behalf in the herbicide permit submission to NYS DEC and authorized Supervisor Robbins to sign the DEC applications for a permit to use pesticides for the control of Aquatic Pest.
Upon roll call vote, all aye, carried.
Greg Edwards on behalf of Dennis Ryan, Busti Solar Project, is requesting the Town of Busti submit a letter to Chautauqua County IDA requesting they proceed with Payment in Lieu of Taxes (PILOT) for the Busti Solar Project. The PILOT would be up to $5,500 per megawatt.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Supervisor Robbins be authorized to sign a letter to Chautauqua County IDA requesting they proceed with Payment in Lieu of Taxes (PILOT) for the Busti Solar Project located on 109 acres of Industrial zoned land and will include two 5.0 MW ac ground-mounted projects. The projects will use approximately 40 acres of land located at 4542 Baker St. Ext., Lakewood, NY 14750.
Upon roll call vote,
Supervisor Robbins – aye
Councilman Brown – aye
Councilman Hanson – recuse himself
Councilman Gustafson – aye
Carried.
Supervisor Robbins stated Chautauqua Lake Association’s request for financial support is tabled until the May 1st Town Board meeting.
Supervisor Robbins noted the board received a request from Senator Borrello to pass a resolution requesting New York State to register Utlility Terrain Vehicles (UTVs) or side by sides. Discussion followed. Supervisor Robbins will contact Senator Borrello to ask what the money from such a registration will be used for.
Supervisor Robbins stated Marsh TV located on Fairmount Avenue is a dealer for the sales of carports that are manufactured out of North Carolina. Code Enforcement Officer Swanson stated he has banned the carports from being constructed/assembled in the Town of Busti due to the fact the manufacturer has ignored the requirement to submit certified paperwork of the construction plans per New York State code and they are constructing them without a building permit. Discussion followed. Attorney Seachrist will write and send a letter to Marsh TV explaining the town will allow the carport to be constructed/assembled in the town with the stipulation that they are responsible to meet certain requirements and if the requirements are not met, they will be assessed a fee along with the property owner and the carports will be banned again within the town.
Supervisor Robbins stated he has been in contact with Advance Production Group, LLC regarding renting sound and light equipment along with a technician for the concerts during the final Bicentennial celebration. APG would rent, set up, and tear down the equipment for a cost of $2,050.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Supervisor Robbins be authorized to sign a contract with Advance Production Group, LLC to rent sound and light equipment, provide a technician for the acoustics during the concerts the week of September 23rd concerts, including set up and tear down for a cost of $2,050.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 4 from warrant #139 to and including warrant #207 in the amount of $135,677.93.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the March 6, 2023 Regular Meeting minutes; motion was duly moved by Councilman Brown.
All in favor, carried.
Councilman Brown noted the board had a Zoom meeting with Wendel Engineering to discuss the York Run 94C Solar Project. Each councilman is working on different subjects to be discussed.
Councilman Hanson reported he and Superintendent Johnson will be painting the layout of the new tennis courts at Lawson Park. He has spoken to a gentleman from Buffalo who installs electric car chargers and discussed a grant that would cover about 90% of the cost of the chargers. He will put a quote together for the board to review at their May 1st meeting.
Councilman Gustafson noted he heard back from Tom Allen regarding the Cemetery Sexton position. Secondly, he would like to have the board consider adding two surveillance cameras in the parking lot. The board needs to look at the current camera views.
Supervisor Robbins moved to adjourn the meeting at 8:26 p.m., motion was duly moved by Councilman Brown.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk