REGULAR MEETING
June 5, 2023
A regular meeting of the Town Board of the Town of Busti was held on Monday, June 5, 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 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: Lakewood Busti Police Department Chief Chris DePonceau, Code Enforcement Officer Jeff Swanson, Busti Fire Department Chief Matt Stafford, Fire Code Inspector Greg Sykes, Dan George, Tina Clark, Shirley Ecker, Mary Miller, and Andrea Destefano.
Christina Clark stated she has attended a couple board meetings in the past year with a concern about a Airbnb located at the property next to her residence. She inquired if the board has moved forward with any restrictions for “short term rentals” in the Town of Busti. She noted the Airbnb, next to her residence, appears to have had several two-night rentals and most recently was rented by eight college age males who were intoxicated; trespassed on her property; urinated there while she and her child were in view, and sat and stared at her for a half hour. She recorded the incident and would like the board to take this situation as they decide what to do with Airbnbs in Busti. She would like the board to consider the length of time a house can be rented. Councilman Andrews stated that is something that has been discussed at the seminars he has attended, they have also discussed limiting the number of vehicles that can be at the property. Councilman Brown stated he has attended the same webinars and agrees these two limitations have been discussed. He noted the Town of Busti law for “short term rentals” may differ from the Village of Lakewood because of the difference in locations. It was suggested if she has a concern regarding current rentals she should contact Lakewood Busti Police Department. Councilman Andrews stated this is a national issue. Discussion followed regarding the requirement for “short term rentals” to register with the county and pay a ‘”bed tax”. Supervisor Robbins stated the town will be working on a law to regulate “short term rentals”.
Shirley Ecker asked the board if the town had contacted Brenda Goodwill. Supervisor Robbins responded she has not been contacted yet but will be contacted before the July Town Board meeting.
Dan George stated he lives on Cowing Road and has been a town resident since 2003. He asked the board if there were any plans to bring public water to Cowing Road. Supervisor Robbins noted there is public water on Baker Street however there are no current plans to extend that to Cowing Road. Councilman Hanson stated the cost to install a waterline to a certain area is divided up and charged to the properties that would benefit from that line. Supervisor Robbins stated the board will keep Mr. George’s request in mind.
Town Clerk Darlene Nygren reported her office will be mailing out the Transfer Station sticker applications later this week. Clerk Nygren noted the Post Journal is now requiring payments for any legal notices be made online, with either a credit card or with a checking account. With this new procedure and the fact that both her office and the Highway Department are making more online purchases, she is requesting the board authorize an credit line increase from the current line of $2,000. Clerk Nygren also noted the Bicentennial Committee would like to contract with Gibson Fireworks and Jamestown Awning for the September bicentennial events; Supervisor Robbins will need authorization from the board to sign a contract with both companies.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti Town Board authorize Town Clerk Nygren to request M&T Bank increase the town’s credit card to $5,000.
Upon roll call vote, all aye, carried.
Councilman Hanson noted the town pays off the credit card balance every month, the increase will not change that procedure.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Supervisor Robbins be authorized to sign a contract with Gibson Fireworks and with Jamestown Awning and Party Tents, as presented, for the September Bicentennial events.
Upon roll call vote, all aye, carried.
Lakewood Busti Police Chief Chris DePonceau reported 1,029 incidents from May 1, 2023 to June 5, 2023 which included 21 alarms, 17 animal complaints, 255 business checks, assisted neighboring police departments 16 times and the fire departments 13 times, 23 checks for well-being, 4 domestic disputes, 7 larceny, 22 motor vehicle accidents, 8 peace officer requests, 46 property checks, 27 responses to shop lifting complaints, 14 suspicious situations, 22 suspicious people, 12 vehicle complaints, 226 vehicle stops, 30 walk to beats checking on businesses, and the department has had 27 warrants entered and served 15. The year-to-date total is 3,950 incidents and calls. The department’s new canine, Sarge, was in training last week and had a medical event and has been at the Buffalo Animal Hospital all week and over the weekend. He’s been fighting some type of lung infection, yesterday he had a CT scan and then emergency surgery on his lung. He had, what they called, a lung tortion. He is doing much better today. There will be a fund raiser established to raise funds to pay for his medical care as the Canine Unit is all funded through donations. The PBA and a local business will be overseeing the fund raiser. There is hope that he will make a full recovery, but the doctors have not promised that at this time. Chief DePonceau stated he has had the speed trailer out in various locations; if anyone would like it placed in an area, they should contact him. The department has received four applications from the Sheriff’s academy and hired three of them who are also working with the Sheriff Department. There has been a lot of overtime due to the shortage of officers. Councilman Gustafson asked if there has been any discussion of installing flashers at Shadyside and Winch on Baker Street. Chief DePonceau noted there is a meeting coming up next week and he will bring that up at that time. Councilman Hanson asked how the traffic-parking plan was coming along for the September Bicentennial events. He needs to get together with the Fire Department to discuss how many volunteers they are planning on. He is thinking they will bring the traffic up by Peterson’s Candy and down from there. The Historical Society has been installing a road coming in off Busti Sugar Grove Road and the Apple Festival attendees will be parked along that air strip and exit out the new road. People who will be attending both the Apple Festival and the Bicentennial events will park on the Firemen’s Grounds and exit off Lawson Road. It still needs to be decided who will be directing traffic up off Lawson Road. Councilman Hanson asked if there will be any directional signs; he thought the town could have signs made to guide the traffic flow. Chief DePonceau will ask if the County’s Emergency Services would allow the town to use the flashing signs as well. Busti Fire Department Chief Matt Stafford stated the fire department had signs made by 360 Graphics for traffic and parking direction. Chief DePonceau talked to Highway Superintendent Peterson about putting up signs stating “temporary no parking for police only”; these would be placed on Mill, Southwestern, Creek, and Stillwater roads. Chief DePonceau made the suggestion to shut off Lawson Road on Saturday and Sunday.
Code Enforcement Officer Jeff Swanson reported he has been working with the tax department and Chautauqua County Landbank about the tax auction. The auction may be postponed or canceled due to a recent court order. There are a couple properties that he would like to see the Landbank acquire if the auction takes place. He has been working with Fire Inspector, Greg Sykes, and training him in Williamson Law. They have worked on some property maintenance issues and shown him how to issue a building permit on the program. He and Mr. Sykes will be attending the Southern Tier West Government conference on Thursday. Mr. Sykes stated he and CEO Swanson have been going around the town to help him get familiar with the area roads. The police department had a call about a squatter at the corner of Big Tree and Baker behind the cemetery. He asked the board for their opinion and if the person should be charged with trespassing. Councilman Gustafson stated this situation has been going on for over fifteen years, he would like whatever building/shed is back on the lot should be removed. Clerk Nygren will send the board a map of the property; CEO Swanson will get photos of where the squatter is located and send to the board. Chief DePonceau stated his department has talked to this person several times in the past, but he continues to return to the lot. The department has also had complaints that he is hanging around area business and has had to be asked to leave. Councilman Hanson suggested the person be informed that he can get help with housing. Supervisor Robbins suggested installing a “no trespassing” sign. Chief DePonceau recommended the town write a letter stating he is not permitted to be on the property and his department would give him the letter the next time they talk to him. Discussion followed. Supervisor Robbins will ask Highway Superintendent Johnson to post a “no trespassing” sign at the access of the property.
Busti Fire Department Chief Matt Stafford reported the department had 28 calls in the month of May – 20 EMS and 8 fires. There have been 165 calls for 2023 compared to 171 last year. The department assisted with a Frewsburg fire; unfortunately, the department loss their thermal G camera but Frewsburg Fire Department’s insurance will pay for it. The department had a boot drive that went well; they held their annual banquet which also went well. The annual physicals are coming up. The department has assisted Jamestown thirty-nine times since the beginning of the year and went eight times in May and was cancelled twice. The Memorial Parade went well, and the breakfast was well attended.
Councilman Hanson asked CEO Swanson if he had any update on the Vukote Canal retaining walls assessment. CEO Swanson stated he received the report but didn’t understand what the report was saying. Councilman Hanson briefly reviewed the report findings; each wall was graded on their conditions. It was recommended a letter be sent to property owners whose wall received a failing grade, informing them of the
assessment, and that they are responsible for replacing or repairing the wall to bring it up to passing standards. Councilman Hanson recommended CEO Swanson contact Andy Johnson, set up a meeting to review the report and the list of walls according to how they were graded.
CEO Swanson noted a letter was sent to Marsh TV & Appliances stating Town of Busti will now accept building permits for the carports sold by them.
Busti Fire Department Chief Stafford stated he received another email from Solar Liberty asking him to look at a plan for the Orr Street project; they said they had made some changes and needed his approval. He asked the board how they wanted him to proceed with the request; he stated he doesn’t know how to read site plans. CEO Swanson will meet with Mr. Stafford to review the plans including the fire access roads. Councilman Hanson stated the plan should also go to the Planning Board.
CEO Swanson noted he received a call regarding the York Run project; he asked the board if the 94C project would involve Code Enforcement at all. Councilman Hanson stated Attorney Seachrist and Wendel Engineering has been working with Kiantone’s attorney and the developer to review the documents and prepare a rebuttal. Discussion followed. Councilman Brown stated the developer has been asked for a map of the 94C project including the layout of the panels and the property owners in the area.
Supervisor Robbins reported he met with the John Ford, current president for Chautauqua Lake Association, and Village of Lakewood Mayor Holcomb. It was suggested the town wait until July, after the herbicide applications have been completed, to discuss any contribution to the CLA.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board set a public hearing to be held on July 10, 2023 at 7:00 p.m. at 125 Chautauqua Avenue, Lakewood, NY, regarding the adoption of Local Law No. 4 of 2023 entitled adopting CERTAIN TAX EXEMPTIONS FOR VETERANS.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted Michael Prinzi from Pure Performance Renewable Energy Solutions, Inc. met with the town board during tonight’s work session. He presented a proposal for the installation of vehicle charging stations. No decision was made regarding the proposal.
Supervisor Robbins noted the letter from Stateline Speedway listing proposed uses to expand the venue had been referred to the Planning Board for their review and input. The board asked Attorney Seachrist to draft a local law, addressing the proposed uses, for their review; the law would then be passed to the Town Board for their review and possible approval.
Supervisor Robbins noted Dog Control Officer, Mary Beth Moss, has officially retired through New York State & Local Retirement System. NYSLRS has requested that she resign from her current position of Dog Control Officer effective May 1, 2023 and be rehired effective May 3, 2023.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti Town Board accept Mary Beth Moss’s, Dog Control Officer, resignation effective May 1, 2023 and rehire her for the same position and same pay rate effective May 3, 2023.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town received a letter from NYMIR stating the town is required to install and consistently use a Mater Battery Disconnect Switch on all medium and heavy-duty vehicles and equipment. He will discuss the matter with Highway Superintendent Johnson when he returns from Highway School.
Supervisor Robbins stated he had been contacted by a property owner in Cottage Park requesting to purchase town property near his home. Discussion followed. The board recommended Supervisor Robbins talk to Attorney Seachrist regarding the request and talk to Highway Superintendent and get his input as well. Councilman Hanson suggested having Andy Johnson assess the area, create a map, and identify what property is developable. CEO Swanson stated he was able to use Chautauqua County’s GIS map and create an overlay of the wetland areas. Councilman Hanson suggested the board look at the whole Cottage Park area before selling any of the town owned property. Supervisor Robbins will contact Andy Johnson to discuss the matter.
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. 6 from warrant #284 to and including warrant #367 in the amount of $166,635.05.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the May 1, 2023 Regular Meeting minutes; motion was duly moved by Councilman Gustafson.
All in favor, carried.
Councilman Brown reported the board, under attorney-client privilege, had a virtual consultation with Attorney Seachrist regarding the York Run 94C project. Councilman Hanson stated the board needs to ensure that, if a battery storage unit is added to the project, the town would receive credit for the energy that is produced in the town (45% of the project).
Councilman Andrews stated the amended solar law should include a “time limit” which would require an application to restart the process if there is no movement/progress within a certain period of time. He thinks it is important for the board to stay consistent with precedent that they have already set. Councilman Andrews also added an applicant should be required to have a signed lease or purchase agreement. Councilman Brown would like to see the board revisit the districts where large-scale solar projects are permitted. Discussion followed.
Councilman Hanson stated Wendel Engineering is supposed to review the solar law and the battery storage unit law. The broken charger as well as the other charger were both removed. The panel was cleaned up. The HVAC unit on the south side of 125 Chautauqua Avenue update was completed. He and Highway Superintendent Johnson will continue to work on the new tennis and pickle courts at Lawson Park.
Councilman Gustafson reported Tom Allen is all set to continue the mowing and installation of monument bases at the town’s cemeteries for this year and he will reevaluate the job after this season is over. Ted Card has been digging for the burials, his pricing is different than what the town’s cemetery rates were based on. Mr. Card charges extra for Saturday burials but that fee is not in the current rates. Clerk Nygren spoke with Lind Funeral Home and Powers Sixby Funeral Home regarding the Saturday fee. Lind funeral home would prefer not to pay Mr. Card directly because of tax reporting; Powers Sixby are willing to charge their client and pay Mr. Card directly. There was discussion regarding advertising for the burials within the town cemeteries and updating the cemetery fees after the bid is awarded.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Clerk Nygren be authorized to advertise for “Open and close graves, update sexton cemetery records of burials at Bentley, Busti, and Wellman Cemeteries”. Bids should be for service through December 31, 2026. Sealed bids should be marked clearly “Cemetery Bid” and will be received at the office of the Town Clerk, 125 Chautauqua Avenue, Lakewood, New York, 14750, no later than 12 p.m. on July 7, 2023. All bids will be opened at the Town Board meeting on Monday, July 10, 2023 at 7:00 PM.
Upon roll call vote, all aye, carried.
Discussion followed regarding expanding the current cemeteries and mapping out new lots.
Supervisor Robbins moved to adjourn the meeting at 8:25 p.m., motion was duly moved by Councilman Hanson.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk