REGULAR MEETING
July 10, 2023
A regular meeting of the Town Board of the Town of Busti was held on Monday, July 10, 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 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, Code Enforcement Officer Jeff Swanson, Lakewood Busti Police Department Chief Chris DePonceau, Busti Fire Department Chief Matt Stafford, Paul Hazzard, Shirley Ecker, Greg Edwards.
Paul Hazzard inquired about placing Town of Busti signs below the Village of Lakewood signs on Fairmount Avenue, as he feels many people don’t recognize the Village is also part of the Town.
Deputy Town Clerk Susan Huffman reported that 675 transfer station stickers have been purchased to date.
Highway Superintendent Greg Johnson reported the sealed bid request for asphalt had gone out and the single bid received had been opened. He stated that Cottage Park streets have been paved and thanked the Busti Fire Department for use of their tanker to wash to roads.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, upon recommendation of Superintendent Johnson, the Town of Busti Town Board accept the bid from HH Rauh Paving for asphalt. Bid is good for one year.
Upon roll call vote, all aye, carried.
Superintendent Johnson presented the Fire System Upgrade Proposal from Allied Alarm for the highway garage. Councilman Hanson stated that the cellular back-up and manual pull station options included in the proposal were not necessary.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the Town of Busti Town Board approve the Allied Alarm Services proposal of $950 for the fire alarm upgrade at the highway garage, with no cellular back-up.
Upon roll call vote, all aye, carried.
Superintendent Johnson stated that he’s in contact with Super Seal, a company from the Rochester area, to get a quote for resurfacing the tennis and basketball courts and converting half of the tennis courts into pickleball courts. Councilman Hanson asked if the Super Seal could provide a color layout of what the tennis/pickleball courts will look like.
Supervisor Robbins noted it was 7:00 p.m. and motioned to open the Public Hearing, regarding the adoption of Local Law No. 4 of 2023 entitled ADOPTING CERTAIN TAX EXEMPTIONS FOR VETERANS. Motion was seconded by Councilman Hanson.
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 7:01 p.m., seconded by Councilman Hanson.
All in favored, carried.
Supervisor Robbins summarized the proposed local law. Councilman Hanson clarified that the exemption will be based on the assessed value and the veteran would be eligible for all three exemptions if they qualify.
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. 4 of 2023 entitled ADOPTING CERTAIN TAX EXEMPTIONS FOR VETERANS as written.
Town of BUSTI
Local Law No. 4 for the year 2023
adopting CERTAIN TAX EXEMPTIONS FOR VETERANS
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. VETERANS TAX EXEMPTIONS
A new Article VI is inserted into Chapter 368 of the Town of Busti Code, which shall provide as follows:
Article VI Veterans Exemptions
- 3689-17 Adoption of Exemptions
Pursuant to Sections 458-a and 458-d of the New York State Real Property Tax Law, the Town of Busti hereby adopts the Minimum Alternative Veteran’s Tax Exemption and the Cold War Veteran’s Tax Exemption, which establish partial real property tax exemptions for certain veterans.
- 368-18 Exemption Amounts for Minimum Alternative Veterans Exemption
The exemption levels for the Minimum Alternative Veteran’s Exemption shall be:
Classification Exemption Level
Wartime $12,000
Combat Zone $8,000
Disability $40,000
SECTION 2. SEVERABILITY
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
SECTION 3. EFFECTIVE DATE
This local law shall take effect immediately upon filing with the Secretary of State.
Supervisor Robbins opened the sealed bid for opening and closing graves and updating sexton cemetery records of burials at the Bentley, Busti, and Wellman cemeteries, noting only one bid was received. The bid was submitted by Moon Meadow Farm:
Burials $400
Cremation $200
Saturday Charges: $150 morning to noon
$250 noon to 4pm
No burials/cremations on Sundays or holidays
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti accept the bid for opening/closing graves and updating cemetery records from Moon Meadow Farm as presented.
Upon roll call vote, all aye, carried.
Greg Edwards appeared before the Board requesting a modification to the special use permit previously granted by the Busti Town Board for the proposed solar project on Baker Street Extension, known as Busti Solar Project, LLC. He explained that the project is a total of 10 megawatts, divided into two 5-megawatt projects called Busti 1 and Busti 2, and noted that the Busti Town Board had previously approved a single special use permit for the entire 10-megawatt project. Mr. Edwards then stated that everything is in place for the Busti 1 project to move forward, but the Busti 2 project has not yet been surveyed. To proceed with Busti 1, and because the incentives they are seeking are designed for 5-megawatt projects, Mr. Edwards asked the Board to make an administrative change to the special use permit by dividing the permit into two parts – Special Use 1A for Busti 1 and Special Use Permit 1B for Busti 2. Supervisor Robbins stated that the Board would consider his request but was not ready to vote on it tonight. No further action was taken.
Councilman Andrews discussed the assistance the Chautauqua Lake Association (CLA) has provided to the Town for the past few years with lakefront clean-up and suggested upping the Town’s contribution this year from $4,000 to $5,000.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti donate $5,000 to Chautauqua Lake Association for 2023.
Upon roll call vote, all aye, carried.
Superintendent Johnson gave an update on the NYMIR requirement to have master battery disconnect switches on highway vehicles and equipment. He stated that he needs to do three, as the newer equipment already has them, and doesn’t foresee a problem getting it done.
Code Enforcement Officer Jeff Swanson gave an update on the Vukote retaining wall project, stating that he has is still trying to set up a meeting with EcoStrategies. He reported that the Greg Sykes has been set up with the Williamson Law Books software program and is doing very well with training.
Busti Fire Department Chief Matt Stafford reported thirty-two calls in the month of June and 201 calls year-to-date. Yearly physicals for the firemen are scheduled for July 22nd. Chief Stafford also thanked Jeff Swanson for his assistance in reviewing the solar panel blueprints for the proposed Orr Street solar project.
Councilman Hanson asked about the status of revisions to the solar law. Supervisor Robbins stated that Drew Riley is working on it. Councilman Brown voiced concern about the access road off Riverside Road for the CS Energy 94C solar project. Fire Department Chief Matt Stafford stated that it was his understanding that CS Energy was supposed to sit down with the fire department to review the access roads but has not done so yet. Councilman Hanson suggested setting up a timeline to have the solar law revisions completed, and also suggested Drew Riley address the issue of fire code access roads as part of the revision so there is no question about it going forward.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti Town Board accept the FSC Systems, LLC quote of $4,150.83 to upgrade the DVR and add additional cameras for monitoring at 125 Chautauqua Avenue.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted receipt of a letter from Hazeltine Public Library expressing an interest in connecting to public water service. Discussion ensued about where the water lines are currently and the feasibility of extending the lines in the five corners area. Fire Chief Matt Stafford suggested a loop system in that area would be preferable to the several dead-end lines in place now in other parts of the Town. Councilman Hanson suggested the Town do a survey among residents of five corners area to gauge interest in connecting to public water.
Supervisor Robbins noted receipt of an email from Tom Allen regarding headstone foundations in Busti Cemetery and the need for some regrading work at Bentley Cemetery.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board authorize the placement of a Revolutionary War Patriot Burial Marker at Hatch Cemetery.
All in favor. Carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti renew their membership with Chautauqua Lake & Watershed Management Alliance for 2023-2024 in the amount of $2,000.
Upon roll call vote,
Supervisor Robbins – aye
Coucilman Brown – aye
Councilman Andrews – abstain
Councilman Hanson – aye
Carried.
LBPD Chief DePonceau reported from 6/5 through 7/10 the department has handled 931 incidents, including 16 alarms, 214 business checks, 18 well-being checks, 9 disorderly people, 12 domestic disputes, 12 larceny complaints, 28 motor vehicle accidents, 10 peace officer requests, 45 property checks, 23 shoplifting complaints, 124 vehicle stops, and 44 warrants served or answered. There have been 4870 incidents year-to-date. He noted there was a single shot fired in a neighbor dispute in Lakewood, with no injuries. He also updated the Board on the police canine Sarge, who is sick and being treated in Philadelphia. Several fundraisers are planned to help with the medical costs.
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. 7 from warrant #368 to and including warrant #437 in the amount of $182,393.52.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the June 5, 2023 Regular Meeting minutes; motion was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved to adjourn the meeting at 7:45 p.m., motion was duly moved by Councilman Hanson.
All in favor, carried.
Respectfully Submitted, __________________________
Susan Huffman, Deputy Town Clerk