REGULAR MEETING
May 1, 2023
A regular meeting of the Town Board of the Town of Busti was held on Monday, May 1, 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: Highway Superintendent Greg Johnson, Lakewood Busti Police Department Chief Chris DePonceau, District 17 County Legislator Travis Heiser, Alisha Briggs – Little Angels, Jamie Gustafson, Molly Gustafson, Shirley Ecker, Tom Peterson, Andrea DeStefan, and Mary Miner.
Chautauqua County District 17 Legislator Travis Heiser introduced himself. Legislator Heiser was rececntly appointed to the County Legislature replacing Jay Gould and is on the 2023 ballot for the District 17 Legislator. Mr. Heiser had been the Town of Clymer Supervisor for seven years. Distrcit 17 includes most of the Town of Busti area outside of the Village of Lakewood, the Town of Harmony – including Panama, and the Town of Clymer. He encouraged the town board and residents to contact him with a legislative issues and he will look into the matter. A few in attendance requested he look into some county road pothole issues.
Town Clerk Darlene Nygren thanked the board for approving her attendance at the New York State Town Clerks’ Assoc annual conference. She reported Tom Allen had contacted her and confirmed he is interested in filling the vacant cemetery caretaker position. Mr. Allen stated he would do the mowing, cleanup, and setting stones but not the burials. The board asked Clerk Nygren to contact Ted Card and confirm he was interested in taking care of the burials in the town cemeteries. Clerk Nygren had received an email from John Everett Jones requesting the Town of Busti declare October 8th as “Paul Busti Day” in addition to Columbus Day. Mr. Jones noted Paul Busti was born on October 8th and he thought this declaration was appropriate as part of the town’s bicentennial. Clerk Nygren had been contacted by Cummins Engine requesting to share the July 15th Tarp Skunk game. Cummins has someone set to sing the national anthem and all Cummins employees will be invited to attend the game at the expense of the company. Clerk Nygren and Supervisor Robbins were contacted by Pam Deivernois requesting the board consider converting the tennis courts at Loomis Park into pickle ball courts. Lastly, Clerk Nygren had a request from a resident who was renting the pavilion at Lawson Park to be permitted to bring in bounce houses for a private party. The bounce house owners have the proper liability insurance and would provide a certificate of insurance naming the town and the renter.
Councilman Gustafson moved to declare October 8, 2023 as “Paul Busti Day” with the understanding this declaration does not cancel Columbus Day. Motion was duly moved by Councilman Brown.
All aye, carried.
Lakewood Busti Police Chief Chris DePonceau reported 689 incidents from April 3, 2023 to May 1, 2023 which included 16 Alarms, 190 business checks, 13checks for well-being, 5 disorderly people, 9 domestic disputes, 6 larceny, 15 vehicle accidents, 5 peace officer, 14 responses to shop lifting complaints, 12, 10, 9 suspicious situations, 6 suspicious people, 10 vehicle complaints, 89 vehicle stops and the department has handled 31 warrants. The year-to-date total is 2,947. incidents. The department has a new canine on duty, Sarge, who replaces Merrill who retired after nine years of service. Officer Casey Casselman continues to be the department’s canine officer.
Highway Superintendent Greg Johnson reported the department has been working on the T pads for the Disc Golf course, with ½ of them currently installed. The new overhead doors have been installed, which is four new doors out of the six. Superintendent Johnson stated the Highway Garage is needing a new septic system with a new leach field. Superintendent Johnson will begin to get a proposed cost. The department is working on ditching and pipe jobs before they begin blacktop season. Superintendent Johnson asked the board to reappoint Trevor Delahoy and Cody VanGuilder for this year’s summer help. He would like to have Trevor’s application kept on file year-round to have him available to work as needed. He recommends Trevor Delahoy be paid $18 per hour and Cody VanGuilder be paid $16 per hour.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Trevor Delahoy and Cody VanGuilder be hired as part-time Highway employees. Each would work full-time through the summer season at a pay rate of $1 more than what they were paid for the 2022 summer season which was Trevor Delahoy was paid $17 per hour and Cody VanGuilder was paid $15 per hour.
Upon roll call vote, all aye, carried.
Superintendent Johnson requested permission to submit a credit application to Dave Warren which would allow him to purchase parts.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Highway Superintendent be permitted to submit a credit application to Dave Warren Chrysler, Dodge, Jeep, Ram.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Highway Superintendent Johnson be permitted to attend the Association of Town Highway School in Ithica, NY on June 4-7, 2023.
Upon roll call vote, all aye, carried.
Councilman Gustafson moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Highway Superintendent Johnson be permitted to advertise for bids to replace the septic system at the Highway Garage property.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Trevor Delahoy be hired as a permanent part-time employee at the pay rate previously approved in this meeting.
Upon roll call vote, all aye, carried.
Councilman Hanson asked about the trees at Lawson Park. Highway Superintendent Johnson stated the Highway Department will remove the dead trees and trim the other, the courts can then be marked including the electric service.
Highway Superintendent Johnson will call to see when the Highway Garage electric upgrade can be scheduled.
Resident Shirley Ecker asked the board to consider requiring a Special Use Permit to run a Cat Shelter. Her neighbor, Brenda Goodwill, currently has between 70 to 90 cats. Little Angels can’t help with these cats as they are considered owned neutered and vaccinated cats. She does not have a NYS license to have a cat shelter or to adopt the cats out. Supervisor Robbins will ask Attorney Seachrist to contact Little Angels regarding the matter and write a letter to Ms. Goodwill.
Supervisor Robbins noted he had received a request from Chautauqua Lake Associations for financial support. He has talked to the county and other municipalities and was advised to wait for a month or so. Supervisor Robbins stated the town received a letter from DEC stating they have not approved any permits for herbicide treatments in the Town of Busti at this point.
The board discussed James Johnson’s letter, that had been tabled, requesting the board consider offering an exemption for veterans on their town tax.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti establish an exemption to be applied towards the annual town tax and follow the guidelines for the current Veterans tax exemption offered by Chautauqua County.
Upon roll call vote, all aye, carried.
Andy Johnson, ECOstrategies Engineering & Surveying, presented his “Engineering Assessment Report for the Vukote Canal Retaining Wall” to the board. The canal has a total length of approximately 3,320 feet and in connected to Chautauqua Lake. There are 162 private property parcels along each side of the canal which add up to approximately 6,640 feet of retaining walls that were inspected and assessed as part of the project. The goals of the project were to:
- Inspect the condition of 6,640 feet of retaining wall covering over 160 private property parcels;
- Assess the wall material type, condition rating, and site-specific details;
- Identify problem areas and provide recommendations for the monitoring, repair, or replacement of certain sections of wall; and
- Provide all residents with a clear understanding of their own wall, it’s condition rating, how it compares to others, and what to do if and when they need to repair or replace the wall.
Site inspections were conducted on November 2 and 23, and December 6, 2022. For this project the material of each wall was classified, and a condition rating was applied as defined below.
Wall Material Type
- Wood Sheet Pile
- Metal Plates
- Sheet Pile (Metal)
- Sheet Pile (Plastic)
- Earth and Rubble
- RRtie – Vertical Steel Pipe Piles
Wall Conditions Rating
- Excellent (like new)
- Good (no evident problems)
- Satisfactory (some minor deterioration)
- Poor (nticeable problems – monitor closely – future replacement TBD)
- Failing (needs replacement)
Summary of Results and Recommendations
Summary of Excellent (A), Good (B), and Satisfactory (C) Walls – the majority of the canal walls (80% or 130 properties) are either excellent, good, or satisfactory condition. For these walls, no action is necessary at this time other than continuing to monitor and maintain the integrity of the existing wall.
Summary of Poor (D) Walls – a total of 23 proerties (14%) have canal walls that are considered to be in poor (D) condition. These will need to be repaired or replaced at some point in the future to be determined by further monitoring.
Summary of Failing (F) Walls – a total of 9 properties (6%) have walls that are failing and it is recommended they be repaired or replaced as soon as practical.
Conclusion
This report was prepared for the Town of Busti to allow them to fairly perform their duties under
Chapter 392 Vukote Drainage District regarding canal wall repair and replacement projects. The
3,320 foot long canal has 162 private property parcels and 6,640 feet of retaining wall. Many of
these properties are over 100 years old and the canal walls are a mix of different materials and
conditions. Therefore, an engineering assessment was necessary to better understand the
situation so the Town can implement a plan to protect the people, homes, and properties that
share the canal. We believe this plan is fair and provides information that is useful to all residents
and property owners along the canal.
The board thanked Mr. Johnson for his thorough assessment and recommendations. Discussion followed regarding the enforcement of the assessment findings.
Supervisor Robbins noted Stateline Speedway has submitted a list of a variety of uses to be added to their venue. Discussion followed. The board referred the list to the Planning Board for their review and opinion.
Supervisor Robbins moved to advertise on Indeed for an additional part-time Code Enforcement Officer at the current pay rate for part-time Code Enforcement Officer, motion was duly moved by Councilman Gustafson.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Supervisor Robbins be authorized to sign the Pro-Flex 2023 Service Agreement as presented.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the 2023-24 Transfer Station Sticker be set at $110 for the first sticker and $25 for each additional sticker.
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. 5 from warrant #208 to and including warrant #283 in the amount of $128,151.90.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the April 3, 2023 Regular Meeting minutes; motion was duly moved by Councilman Hanson.
All in favor, carried.
Councilman Brown noted he mentioned concerns from residents on Donelson Road about Amish buggies and motorcycles to Legislator.
Councilman Hanson stated he would ask Michael Prinzi, PPR Energy Solutions, to attend next month’s meeting to discuss the installation of the proposed electric car chargers.
Councilman Gustafson stated he would like to have additional cameras installed, at the Administration Building, and have the monitors moved to the Clerk’s office so the clerks can see what is happening around the building.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, to authorize the Town Clerk to request a quote from FSC to move the current camera monitor to her office and to add cameras that would cover the front parking lot.
Upon roll call vote, all aye, carried.
Supervisor Robbins thanked everyone that attended and helped with the town’s Bicentennial Kick-Off, the event was a huge success and it was great to see the community come together.
Supervisor Robbins moved to adjourn the meeting at 8:06 p.m., motion was duly moved by Councilman Hanson.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk