REGULAR MEETING
March 6, 2023
A regular meeting of the Town Board of the Town of Busti was held on Monday, March 6, 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, Supervisor Robbins asked those present to remember the families of Jack Knowlton and Bob Schultz, outstanding Town of Busti residents who recently passed.
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, Busti Highway Deputy Superintendent Jeremy Hasson, Ken Waite, Zach Anderson, Gregg Sykes, , Mike Voty, Ted Ellis, Brad and Adlana Buck, Bill Struchen, Janice Carlson, Joni Blackman, Brandon & Sara Fain, Jay Sirianni, Amy Peterson & family, Janet Stanek, and Rob Harbes.
Town Clerk Darlene Nygren reported her department has collected $6,410,573.53 for the 2023 County Town tax collection. The last day for collection is Monday, April 3, 2023. Clerk Nygren stated she received a notice that the next ARPA expenditure report is due April 30, 2023, she will contact Bahgat – Laurito Bahgat LLC regarding the report. She noted the 2023 NYSTCA annual conference is scheduled for April 24-26, 2023 in Syracuse, NY and requested the board’s approval to attend. She requested the board’s permission to close her office while she is attending the conference to allow JMI to be in the office to work on the HVAC/Ductwork as previously approved. Clerk Nygren stated the Town’s Bicentennial Kick-Off event is quickly approaching, April 16th at the Lakewood Rod and Gun. The next Bicentennial Committee meeting is March 13th with one more to be scheduled before the Kick-Off event.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Town Clerk Darlene Nygren be authorized to attend NYSTCA’s annual conference in Syracuse, NY – April 23-26, 2023.
Upon roll call vote, all aye, carried.
Lakewood Busti Police Chief Chris DePonceau reported 740 incidents from February 6, 2023 to March 6, 2023 making the year to date total 1,627.Chief DePonceau noted there have been three personal injury motor vehicle accidents on Baker Street Extension this month, with one serious injury. The department has discussed the possibility of installing blinking lights at Shadyside Road and Baker Street as well as Shadyside Road and Hunt Road. The department currently has two officer positions open with a possibility of one more, all open positions are part-time positions. Chief DePonceau submitted the department’s 2022 Annual Report.
Highway Superintendent Greg Johnson reported he ordered the overhead doors, the estimated delivery date is for 7 – 10 weeks from the order date. He completed the Annual Transfer Station report with a total of 544 tons for 2022 compared to 578 tons in 2021. Superintendent Johnson reported the insurance company has determined the 2020 1 ton was a total loss. In anticipation that this would be the determination, he has been looking for a replacement and has found that it is going to be difficult to find the exact make and model truck as a replacement. He spoke with Shults Auto Group and was told they were not able to get the truck he needs, and they would not give him a quote. He contacted Rick Bockman in Olean regarding a truck they had but it was already sold, they weren’t sure when or if they could get another truck. He requested a bid for a Ford 550 from them. Dave Warren found a 2022 Ram 3500 Chassis with Trademan Reg Cab for $53,933 but said it wouldn’t be available long. Dale Eckman at Southern Tier Trailer has the ability to get a steel box for the truck as soon as next week with a cost of $11,500. Superintendent Johnson is recommending the town purchase the truck that Dave Warren has available and have Southern Tier Trailer install the box.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Highway Superintendent be authorized to purchase the 2022 Ram 3500 Chassis with Trademan Reg Cab for $53,933 from Dave Warren and the steel box for $11,500 from Southern Tier Trailer and have STT install the box and use the funds for the insurance settlement for the 2020 truck that was totaled to offset the cost.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the board will discuss hiring a new Cemetery Sexton at the April 3, 2023 meeting.
Code Enforcement Officer Jeff Swanson reported he has looked through the delinquent tax property list recently published by the county’s tax department. He realized that there were some properties that were on last year’s list that are not on this year’s list however the taxes remain unpaid. He has asked the county why these properties were not on the current list and is waiting to hear back from them. In anticipating the repair of break walls after the current assessment, he is checking to see if there needs to be a flood elevation permit for break walls. He and Fire Inspector Wilfong will be attending the CEO annual training March 13 – 15th.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Hanson:
WHEREAS, the Town of Busti has proposed Local Law No. 1 of 2023, which would adopt a new Zoning Law for the Town, and
WHEREAS, the proposed law has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a long Environmental Assessment Form, and
WHEREAS, Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act requires this Board to determine and give notice of the environmental impact of the proposed local law, and
WHEREAS, the Board has determined that the proposed law will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby issues a Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed Local Law No. 1 of 2023 and authorizes the Supervisor to complete Part III of the EAF accordingly.
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 enact the following Local Law No. 1 of 2023 “A Local Law Adopting a New Zoning Law for the Town of Busti”
Upon roll call vote, all aye, carried.
TOWN OF BUSTI
A LOCAL LAW ADOPTIONG A NEW ZONING LAW FOR THE TOWN OF BUSTI
Local Law #1 of 2023
Be it enacted by the Town Board of the Town of Busti, in the County of Chautauqua, as follows:
Section 1.
The current Chapter 405 of the Code of the Town of Busti is hereby superseded and replaced in its entirety with a new Zoning Law, the text of which is attached hereto and made a part hereof.
Section 2.
If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
Section 3.
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
Supervisor Robbins noted it was 7:00 p.m. and moved to open the public hearing on Local Law 2 of 2023 “A Local Law Enacting a Moratorium on Commercial Solar Energy Facilities” which was duly moved by Councilman Hanson.
All in favor, carried.
Proof of publication is on file.
Supervisor Robbins noted the moratorium is for Commercial Solar Energy Facilities of 25 mega watts or smaller.
There was a question regarding the 94C project that is proposed in the Town of Busti and Town of Kiantone and if there will be a PILOT agreement. Supervisor Robbins stated this is still under discussion.
Another question asked was why the board is proposing a moratorium. Supervisor Robbins stated there is a current Solar Law and the board has realized there needs to be some changes. The town has hired an engineering consultant through Wendel Engineering who will be working with the board on an amended law. This moratorium will only be for future applications and will not affect the two Special Use Permits for Commercial Solar Projects that have already been approved. The York Run project is out of the town’s control. An attendee stated he thought that three solar projects in the Town of Busti was a lot for the Town of Busti. Attorney Seachrist noted he represents several other small municipalities that have multiple Commercial Solar applications. A big reason for the location chosen for these projects is access to utility lines. Councilman Hanson stated the two projects that have received the Special Use Permits are required to go back to the Planning Board for a site plan review once they have submitted the required additional documentation written in the Special Use Permit.
Supervisor Robbins noted it was 7:11 p.m. and moved to closed the public hearing, motion was duly moved by Councilman Brown.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti enact Local Law 2 of 2023 “A Local Law Enacting a Moratorium on Commercial Solar Energy Facilities” as written.
Upon roll call vote, all aye, carried.
TOWN OF BUSTI
LOCAL LAW NO. 2 FOR THE YEAR 2023
A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL SOLAR ENERGY FACILITIES
Section 1. Enactment and Title.
The Town Board of the Town of Busti does hereby enact the Town of Busti Moratorium on Solar Energy Facilities Law. This Local Law shall impose a moratorium on applications or proceedings for applications for, the review of applications for, or the issuance of approvals or permits for the construction of any Commercial Solar Energy Facilities that are not Residential Solar Energy Installations, within the Town of Busti, for roughly one year. Since the Town Board amended the Town’s Zoning Code in 2020 it has received several applications for large-scale solar projects, and the experience gained from those applications leads the Town Board to conclude that further amendments are required.
The capitalized terms in the foregoing sentence, and as used throughout this local law, shall have the following meanings ascribed to them:
Commercial Solar Energy Facilities – Any collection of solar panels which are designed to capture photons or sunlight and transform it into electricity and any and all related infrastructure, electrical lines, substations, access roads and accessory structures that cover more than ¼ acre of land, which are designed with the intent of producing electricity to be consumed off site. For purposes of this definition and this moratorium law, a “commercial solar energy facility” may include Type 2, Type 3, and Type 4 Solar Energy Systems, as defined in the Town of Busti Zoning Code, but shall not include Type 4 Solar Energy System for which the developer will file an Article 94-C application.
Residential Solar Energy Installations – Any collection of solar panels which are designated to capture sunlight and transform it into electricity and requires less than ¼ acre of land.
Residential Solar Energy Installations shall also include, for purposes of this local law, all traditional agricultural uses and alternative agricultural energy uses that are intended to principally generate power for the agricultural enterprise when located within a designated Agriculture District, or as otherwise protected or recognized under New York State Agriculture and Markets Law Article 25-AA, including, without limitation § 305(3), § 305(4) and § 305-a therein, and all implementing regulations and rules, and further including policies therein implemented and hereby adopted relative to supporting traditional and generally acceptable farming practices, further including but not limited to heat recovery from composting systems, biogas recovery systems, anaerobic digester gas-to-electricity systems, and other alternative energy systems that significantly support or advance agriculture and agribusinesses within the Town and its Agricultural Districts.
Applicant – All landowners and all those claiming through or on behalf of the owner(s), whether by license, lease, easement, contract, or by owner’s designation as an agent for purposes of making any application or any land use review or approval, whether for a permit or otherwise.
Section 2. Authorization, Purpose and Intent.
Pursuant to the authority and provisions of the New York State Constitution, and Section 10 of the Municipal Home Rule Law, and the statutory powers vested in the Town of Busti to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board (the “Board”) of the Town of Busti hereby declares moratorium on applications or proceedings for applications for, the review of applications, or the issuance of approvals or permits for the construction of Commercial Solar Energy Facilities within the Town of Busti (the “Town”), lasting through February 1, 2024.
This moratorium will allow time for Town officials to review, clarify, amend, and update the Town’s Regulations for commercial solar development, particularly with regard to where such development may be located in the Town. Additionally, this moratorium will allow the Town to adopt such other regulations as may be necessary to promote and preserve the health, safety and welfare of the Town and its citizens.
Section 3. Scope of Controls.
During the effective period of this Local Law:
- Neither the Town Board, the Zoning Board of Appeals, nor the Planning Board shall conduct any review or consider or grant any special permit or other approval that will result in the approval, establishment or construction of any Commercial Solar Energy Facility within the Town.
- To the extent permitted by law, this moratorium shall supersede all relevant provisions of the New York State Town Law, the New York State Building Code, any relevant Town local law and any other applicable law, rule or regulation, that may be in conflict herewith. If any ambiguity or conflict exists, this local law shall govern and the presumption shall in each case be that the moratorium is in effect.
Section 4. No Consideration of New, Revised, or Renewal Applications.
No new, revised, or renewal applications shall be accepted for filing, review, or consideration, and no site plans, authorizations, special permits, permits, building permits, variances, waivers or other approvals that purport to allow or advance the development, siting, or construction of any Commercial Solar Energy Facility shall be undertaken, reviewed, considered or issued by any board, officer, employee or agent of the Town, except as specifically set forth in Section 10 of this local law. Nor shall any language or term in this moratorium effect, or be construed to result in, any default approval, and any matter now pending shall be stayed in place during the pendency of this moratorium, with all deadlines or other timelines suspended for the same number of days that this moratorium is in effect.”
Section 5. Term.
The moratorium imposed by this Local Law shall be in effect until February 1, 2024 starting from the effective date of this Local Law. This moratorium may be extended, or rescinded or removed, by local law.
During the period of this moratorium the Town shall endeavor to adopt changes its zoning code with regard to the siting, establishment and construction of Solar Energy Facilities; and
Section 6. Location.
The moratorium imposed by this Local Law shall apply to the territorial limits of the Town of Busti. Any dispute as to whether a property is encompassed within the geographic area detailed above shall be resolved by reference to the official tax maps of Chautauqua County and the official New York corporate boundary maps for the Town of Busti.
Section 7. Penalties.
The following provisions shall apply generally, and the violation of this Local Law shall allow and permit enforcement in any one or more of the following manners:
- When any term, provision, or requirement of this Local Law is violated the Enforcement Officer may issue a written notice of violation to the Applicant (or other Person in violation hereof). The notice of violation shall contain; (i) the name and address of the Person alleged to have violated this Local Law; (ii) the address, when available, or a description of the building, structure or parcel upon which the violation occurred or is occurring; (iii) a brief statement specifying the nature of the violation; (iv) a statement of the fine or penalty that may or could be assessed against any Person to whom the notice of violation is directed; and (v) a clear statement identifying whether the notice commences or may commence a civil or criminal proceeding. The failure to comply with a written notice of violation by correcting the violation is in itself a separate violation of this Local Law and may be further enforced as such. In addition, Executive Law § 382 may be duly enforced separately from any such notice, and both notices may take the form of a single notice which must, in addition to the above, contain the information and be served as required by said § 382.
- The Enforcement Officer may issue stop work orders for violations of this Local Law. Any Person receiving a stop work order shall be required to halt all clearing, grading, construction, and any other or related activities, until the Enforcement Officer or a court of competent jurisdiction allows work to re-commence.
- Town may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with, restrain by injunction the violation of any provision or requirement of this Local Law, including to prevent, enjoin, correct, enforce, or abate any violation of, or non-conformance with, any provision or requirement of this local law or the terms and conditions set forth in any waiver or approval issued hereunder. In any such proceeding the Town shall not be required to: (i) prove the lack of an adequate remedy at law; or (ii) to post a bond or other undertaking as a condition or requirement for any preliminary, interim, or permanent restraining order or injunction. No such action or proceeding shall be commenced without the appropriate authorization from the Town Board.
- This Local Law may be enforced civilly or criminally by seeking fines, penalties, and like punishments to deter future violations and sanction offenders. All provisions of New York law and process generally applicable to misdemeanors shall apply to any criminal proceeding brought upon any violations of this Local Law, including for purposes of conferring jurisdiction. The following civil and criminal fines and penalties shall apply to any violation of the requirements or terms of this Local Law:
- For a first offense, any Person that violates any of the provisions of this Local Law shall be (i) guilty of a violation and subject to a fine of not more than $500, or (ii) subject to a civil penalty of not more than $500 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue.
- For a second offense, being any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any violation of this Local Law, a Person shall be (i) guilty of an unclassified misdemeanor and subject to a fine of not more than $2,500, or (2) subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each week that such violation, disobedience, omission, neglect, or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue.
- The above fines are in addition to any penalty, fine, or sentence allowed or imposable pursuant to said Executive Law § 382.
- Upon any violation of this Local Law by an Applicant or any Person, the Town may, and the Enforcement Officer shall, decline and refuse to issue any approvals, endorsements, certifications, building permits, certificates of occupancy, certificates of compliance, and any similar or other document or approval until the Applicant or Person rectifies and cures such violation.
- Any Person violating this Local Law may be required to restore land to its prior or undisturbed condition. If restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. In addition, the Town may commence any one or more civil proceedings in the Town Court, or any other court or tribunal of competent jurisdiction, to recover the costs of such restoration.
- For purposes of this Local Law the Justice Court of the Town is hereby vested and imbued with jurisdiction to: (i) issue administrative or other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York; and (ii) hear and adjudicate allegations relating to the criminal or civil violation of this Local Law and to thereafter, if appropriate, impose any fine, penalty, or sanction.
- Criminal matters arising in relation to enforcement matters under this local law shall be and be classified as offenses per the following guidelines: (i) first offenses shall be deemed violations; (ii) second offenses shall be deemed unclassified misdemeanors; and (iii) violations of Executive Law § 382 shall be classified as set forth by New York State in such § 382.
- No remedy or penalty specified in this local law shall be the exclusive remedy available to the Town to address any violation of, or non-compliance with, the requirements of this local law. The rights and remedies of the Town are independent of each other and cumulative. The grant of any right or remedy in this Local Law is in addition to, and not in limitation of or in substitution for any other right or remedy of the Town, whether sounding in law, equity, or admiralty. Further, the election by the Town of any one right or remedy does not forestall or prevent the simultaneous or future election of any other right or remedy, whether relating to enforcement, sentencing, or otherwise.
Section 8. Exemptions and Non-Conforming Uses.
Notwithstanding any provision hereof to the contrary, any Commercial Solar Energy Facility that has already been issued all necessary approvals or permits from the Town Board or the Planning Board (the “Town Approvals”) may continue such projects and such support activities that are being conducted in the Town as of the effective date of this Local Law, so long as such supporting activities are in all respects being conducted in accordance with all applicable laws and regulations and any conditions of approval, including all Town Approvals. Such limited right to proceed when Town Approvals have been issued shall include the right to apply for and obtain a building permit, so long as the same is or are in conformance with any existing Town Approvals.
Any expansion of a lawful, pre-existing, non-conforming use shall not be grandfathered under this Section and instead shall in all respects be prohibited as contemplated by Section 3 hereof. “Grandfathered” and allowed lawful pre-existing uses neither have nor possess any right to expand such non-conforming use whether above or below ground, and no such right shall be deemed, construed, or implied to exist.
Section 9. Validity.
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision.
Section 10. Hardship.
The Town Board of the Town is hereby authorized to accept and review (after public notice and hearing and in accordance with the requirements of law and of this Local Law) requests for a waiver application of the provisions of this Local Law by persons aggrieved hereby.
No such waiver shall be granted by the Town Board without a showing by the Applicant that applicable regulations and restrictions have caused unnecessary hardship.
- Unnecessary Hardship. In order to prove such unnecessary hardship the Applicant is required to demonstrate to the Town Board that, with respect to every permitted use under Town land use, each of the following four criteria is satisfied: (i) the Applicant cannot realize a reasonable return on the entire parcel of property, and such lack of return is substantial as demonstrated by competent financial evidence; (ii) the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (iii) the neighborhood; and (iv) the alleged hardship has not been self-created.
- Reasonable Rate of Return. In evaluating whether the Applicant can realize a reasonable rate of return, the Town Board must examine whether the entire original or expanded property holdings of the Applicant are incapable of producing a reasonable rate of return (and not just the site of the proposed development project). No waiver shall be granted unless, in addition to satisfying all other applicable provisions of law and this Law, the Town Board finds that the Applicant has clearly demonstrated by detailed “dollar and cents” proof, the inability to obtain a reasonable return for the entire parcel (and not just the site of the proposed project) and for each and every permitted use in the area of the Town the property is located.
- Unique Hardship. No waiver shall be granted unless, in addition to satisfying all other applicable provisions of the law and this Law, the Town Board finds that the entire parcel of which the project is a part possesses unique characteristics that distinguish it from other properties in the area.
- Essential Character of the Neighborhood. In making its determination, of whether the proposed development project will alter the essential character of the neighborhood, the Town Board shall take into account factors that are of vital importance to the citizens of the Town including without limitation: (i) the rural residential and agricultural character of the Town, (ii) its irreplaceable recreation, historic, and tourism sites, (iii) the extent of hazard to life, limb or property may result from the proposed development project, (iv) health impacts, (v) the social and economic impacts of traffic congestion, noise, dust, odors, emissions, solid waste generation and other nuisances, (vi) the impact on property values, and (viii) whether the Applicant will engage in the type of development that will result in degradation to the air quality, water quality or scenic or other natural resources of the Town. In order to find that the proposed development project does not alter the essential character of the neighborhood, the Board shall interpret the public interest in said essential character of the neighborhood to require, at a minimum, that the project will not do any of the following: (x) pose a threat to the public safety, including public health, water quality or air quality, (y) cause an extraordinary public expense, or (z) create a nuisance.
- Self-Created Hardship. The Town Board may find that the Applicant suffers from a self-created hardship in the event that the Board finds that (i) the Applicant’s inability to obtain a reasonable return on the property as a whole results from having paid too much or from a poor investment decision; (ii) the Applicant previously divided the property and is left with only a portion which suffers from some unique conditions for which relief is sought and which did not apply to the parcel as a whole; (iii) when the Applicant purchased the property, he or she knew or should have known the property was subject to the land use restrictions; or (iv) that the Applicant transferred or obtained property rights with only a unilateral expectation of development or investment character, and it shall be material to this question to examine the degree to which opposed to in fee (actual acquisition of fee simple title), and whether the anticipated income, profits, or receipts were conditional, contingent, or guaranteed.
If the Town Board grants a waiver from the provisions of this Local Law to the Applicant, the Applicant shall be required to comply with all provisions of the Town’s then applicable land use regulations and other laws and regulations, together with any amendments to such law or regulations which may be enacted during the term of this Local Law. Any waiver that is granted shall grant only the minimum waiver that the Town Boards deems necessary and adequate to address the unnecessary hardship proven by the Applicant, and at the same time preserve and protect the character of the neighborhood and health, safety, and welfare of the community.
Section 11. Effective Date.
This Local Law shall take effect immediately.
Supervisor Robbins noted it was 7:15 p.m. and moved to open the public hearing on Local Law 3 of 2023 “A Local Law Enacting a Property Tax Exemption for Volunteer Firefighters and Ambulance Workers Pursuant to Section 466-a of the Real Property Law”, motion was duly moved by Councilman Gustafson.
All in favor, carried.
Proof of publication is on file
Assessor Tera Darts noted this exemption would give a resident a 10% discount on the assessment for their residence property which would be applied to only the Town Tax. Applicants would only file for the exemption once; the local fire department would then be responsible to report their active members no later than March 1st of each year. Assessor Darts stated there currently is a income tax exemption offered to volunteer firefighters and ambulance workers; the applicant would have to choose between the two exemptions.
Supervisor Robbins noted it was 7:19 p.m. and moved to close the public hearing, motion was duly moved by Councilman Andrews.
All in favor, carried.
The discussion on Local Law 2 of 2023 was tabled until the April 3, 2023 Town Board meeting.
Busti Fire Department Chief Matt Stafford submitted his report which included 29 incidents for the month and 56 year to date; there were 76 incidents at this time last year.
Supervisor Robbins noted the board received a letter from resident James Johnson regarding an exemption on town taxes for veterans. Assessor Darts noted there are exemptions offered to veterans for county and school taxes. Her office receives the exemption applications and processes it for the said taxes. She noted the only veteran’s exemption offered through the town is when a residence is purchased with eligible funds and that was the same for the other four towns she represents.
Further discussion on this matter was tabled until the April 6, 2023 Town Board meeting.
Janet Stanek thanked Highway Superintendent Johnson for moving the Dead-End sign. She asked how Keller Road could get paved. Highway Superintendent Johnson will add it to the list. Ms. Stanek continues to be concerned about the vacant property next to her that is not being maintained. She feels there is a threat of rodents and more importantly that the overgrown grass limits the visibility of boaters in the canal. She is asking that this property be considered developed due to the fact that it has utilities on the property. Attorney Seachrist will look into the situation and report back to the board in April.
Attorney Seachrist reported the attorney for the Town of Ellicott is writing up the Addendum to the Assessor Agreement and will forward it to him for his review when it is complete. The sale of the Hoag Road property will be complete after the 30 days of Permissive Referendum expire and Clerk Nygren will sign a certification that no petitions were received. He has not sent a letter to the owner of the Shadyside property regarding the property maintenance issues. Under the board’s direction, he will send a letter to Solar Liberty regarding the Special Use Permit application for the S. Main Street project being considered withdrawn.
Clerk Nygren will contact Craig Rodgers informing him that the town has contracted with a company and is moving forward with upgrading the Lawson Park Disc Golf Course.
Supervisor Robbins reported he has received a proposed amended contract with Haines and Company for continuing bookkeeping services in 2023. The proposal is for up to $70 per hour for the bookkeeping services.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Supervisor Robbins be authorized to sign the 2023 contract with Haines and Company for bookkeeping services at a cost of up to $70 per hour.
Upon roll call vote, all aye, carried.
Supervisor Robbins reported Fire Inspector Wilfong has stated he plans to retire within the next year. Supervisor Robbins stated the town would like to hire a replacement now and allow the person to be fully trained before Mr. Wilfong’s retirement.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti Town Board appoint Gregory Sykes as Fire Inspector, effective immediately, at the same pay rate as the current Fire Inspector plus mileage reimbursement.
Upon roll call vote, all aye, carried.
Supervisor Robbins reported CS Energy is holding an Open House at the Kiantone Fire Department on March 7, 2023 from 6:00 p.m. to 7:00 p.m. regarding the 94C project that has been approved by New York State that will be located in the Town of Kiantone and the Town of Busti. There was a question about how the project will affect the existing gas wells in the area. Supervisor Robbins will ask that question at the open house.
Several members of the Busti Historical Society voiced their concern about closing a portion of Mill Road for their two-day Apple Festival, from noon to 6:00 p.m. on September 23 and 24, 2023. Discussion followed.
Councilman Hanson suggested the Historical Society, Fire Department, and Bicentennial Committee all submit a site plan for their event and members of the board, LBPD Chief DePonceau, and Highway Superintendent Johnson will review them and develop a plan for the traffic flow.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the Town of Busti Town Board passed a resolution, at their March 6, 2023 meeting, nominating Jim Andrews to retain the Municipal Seat on the Chautauqua Lake and Watershed Management Alliance Board of Directors.
Upon roll call vote,
Supervisor Robbins – aye
Councilman Andrews – recused himself
Councilman Brown – aye
Councilman Hanson – aye
Councilman Gustafson – 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 #081 to and including warrant #137 in the amount of $370,691.04.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the February 6, 2023 Regular Meeting minutes; motion was duly moved by Councilman Brown.
All in favor, carried.
Supervisor Robbins moved to enter into Executive Session regarding litigation and personnel issues at 8:32 p.m. motion was duly moved by Councilman Hanson.
All in favor, carried.
Executive session was closed at 9:12 p.m.
Supervisor Robbins moved to adjourn the regular meeting at 9:15 p.m. motion was duly moved by Councilman Gustafson.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk