REGULAR MEETING
August 7, 2023
A regular meeting of the Town Board of the Town of Busti was held on Monday, August 7, 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
Councilman Paul Gustafson
During the Work Session Andy Johnson, EcoStrategies, presented the Cost Proposal for professional engineering services associated with a Site Civil Planning Project located along the Vukote Canal in the Town of Busti. The proposal included their understanding of the proposed project, a scope of work, and a cost estimate of the work.
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, Attorney Joel Seachrist, and Greg Edwards.
Clerk Darlene Nygren reported her department has sold 777 2023-24 transfer stickers, began sale of NYS DEC 2023-24 Hunting Licenses on August 1st, and the Bicentennial events are still ongoing – July 15th was honoring Veterans at the Tarp Skunks game, August 5th was the Sock Hop and Cruise In (Bicentennial Coins were given to all the car-owners that attended the Cruise-In), August 12th will be the Golf Tournament, August 19th will be the Square Dance, and the Big Event including the Old Fashion Parade will be held September 21st-24th. Norman Carlson has the following lectures scheduled – September 7th Paul Johnson will lecture on “The Packards”, October 5th John Everett Jones will lecture on “New Discoveries about Paul Busti” and October 11th Norman Carlson will lecture on “The Shearman-Davis Murders 1894”.
Lakewood Busti Police Chief Chris DePonceau reported from July 10th to August 7th the department has handled 654 incidents with a year-to-date total of 5,512. The incidents included 18 alarms, 18 animal complaints, 125 business checks, 22 checks to well-being, 9 disorderly people, 6 domestics, 13 larceny complaints, 15 motor vehicle accidents, 13 peace officer complaints, 44 property checks, 18 shoplifting complaints, 14 suspicious situations, 11 suspicious people, 99 vehicle stops, and 35 warrants – entered or served. Chief DePonceau noted the department is now on 12 hour shifts due to the shortage of officers, they are at the bare minimum part-time officers. The academy enrollment is low this year and only part of those attending are from Chautauqua County, who the department could potentially hire. This could leave the department as a full-time department only. He is working on the Carnival Security with the County Emergency Services and asked Clerk Nygren to send him a list of the Bicentennial Committee members. He shared a proposed plan options he received from the PBA, for hiring security officers for the upcoming carnival. Discussion followed regarding the security needs and options for the number of security officers. The security center will be the County’s Highway Building next to the Firemen’s Grounds.
Councilman Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Chief DePonceau be authorized to hire Security Officers for the Bicentennial Event on September 21, 2023 – September 24, 203 with the following schedule: three security officers during the hours of 7:00 a.m. – 3:00 p.m., four security officers during the hours of 3:00 p.m. – 11:00 p.m., and two security officers during the hours of 11:00 p.m. – 7:00 p.m.. In addition, Lakewood Busti Police Department will have officer presence as well. Each security officer will be paid $60 per hour. The proposed cost will be $15,300.
Upon roll call vote, all aye, carried.
Highway Superintendent Greg Johnson reported the department has paved the following roads: Cramar, 4th Avenue, 5th Avenue, Hillview, and will pave Keller next week. There is some patching that will need done in various locations. He distributed an updated estimate from Fleet Maintenance Inc for the single axel truck that has been previously approved. The dealer was not able to get the same truck that was quoted and the new truck is a 2024 Freightliner 108SD Base with Chassis with a total price of $227,680.00 which is $11,680.00 more than the amount that was originally approved.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Highway Superintendent Johnson be authorized to purchase a 2024 Freightliner 108SD Base with Chassis single axel truck from Fleet Maintenance Inc with the overall cost at $227,680.00.
Upon roll call vote, all aye, carried.
Councilman Gustafson asked Superintendent Johnson if he had an update on the pothole on Sunset off Hunt Road. Superintendent Johnson noted the hole has been filled once. The hole is on the shoulder and people cut the corner and dig up the paving. He has thought about putting a stake there, but he fears that people will cut the corner and hit the stake. He could possibly cut it out and pave right up to the guardrail.
Superintendent Johnson noted that the Master Disconnects have been order from Kenworth and will be installed upon arrival.
Superintendent Johnson noted there is 1,600 feet of pipe available to be used to extend the waterline from the Five-Corners if the board decided to move forward with extending the line. Discussion followed.
Attorney Seachrist reported the town received the 60-day notice for the York Town 94C project. This means they can’t submit an application before the 60 days expires but they can submit it at that time. A conference call is scheduled for later this week. Mr. Seachrist is working with Town of Kiantone’s attorney on the road and pilot agreements.
Greg Edwards spoke on behalf of the Busti Solar Project, noted he received the notice of counsel stating that the modification for the project will require the applicant appearing before the Planning Board for a Site Plan Review and a public hearing would be scheduled prior to issuing split Special Use Permits. The previous site plan that was submitted had the project as one 10-megawatt system which is now being proposed to split into two 5-megawatt projects considered as Busti Solar 1 and Busti Solar 2. Mr. Edwards asked the board if they would consider passing a conditional approval of taking the original Special Use Permit and modifying it into two Special Use Permits for 1A and 1B. The split is required by New York Sun. a state program, to have it divided into two 5 megawatt projects. He stated that it appears all the critical conditions have been satisfied, the approximate $40,000,000 funding has been lined up and what is being required is a three-way closing – acquiring the property, signing up the company that is going to build it, and signing up the company that is going to pay for it. It will be a very complex closing to get all three entities together with all their documents along with the attorneys simultaneous. He asked again if the board would consider passing a conditional approval tonight and giving them an opportunity to go to the three-way closing by September 1st. Attorney Seachrist responded there was no issues with the board splitting the current Special Use Permit and issuing two new Special Use Permits. The problem is that the Planning Board went through the process and the Town Board approved it approximately 18 months ago. Now the applicant is coming back with a different site plan and asking for permission to split the project but what is being presented is a different project. The arrays are much closer to Baker Street and the access roads have changed; they are much shorter than the original plan. He understands the applicants reason for requesting a conditional approval however, if the board issues a conditional approval, it is approving the project without the Planning Board ever having the opportunity to review the new site plan. Wendel Engineering agrees with this interpretation. Supervisor Robbins stated he is not comfortable in passing a conditional approval tonight. Mr. Edwards stated if the process and negotiations continues and there is pressure to get the closing done, he may request the board schedule a special meeting to approve the split and issue two Special Use Permits. He will contact Attorney Seachrist to review and confirm what documents need to be presented to the Planning Board for their review.
Highway Superintendent stated he met with Super Seal to discuss resurfacing the courts at Loomis Park. They said the courts are too deteriorated to repair. He doesn’t believe the Highway Department is capable of resurfacing them. He is recommending the town advertise for bids to resurface. Councilman Andrews stated before we advertise for bids, we need to figure out how to keep this from happening again. Discussion followed regarding the ongoing maintenance and upkeep; someone should be designated to routinely schedule the work.
Supervisor Robbins moved the following resolution which was duly moved by Paul Gustafson:
RESOLVED, Highway Superintendent be authorized to advertise for bids to resurface the athletic courts at the Loomis Park. The bids will be due by noon on Friday, September 8th and awarded on September 11, 2023.
Upon roll call vote, all aye, carried.
Highway Superintendent and Clerk Nygren will work on the specs for the bid.
Code Enforcement Officer Jeff Swanson reported Fire Inspector Greg Sykes is working on his third course of Code Enforcement training. He has been working and training him with Williamson Law. He has been inputting building permit information. CEO Swanson spoke with Andy Johnson this evening regarding the break walls on Vukote Canal. They will meet in two weeks to discuss the next steps to inform property owners on the condition of their wall. He met with the Fire Department to discuss the roadways leading to the Orr Street Solar project. He stated the building code has specifications for the access roads. Attorney Seachrist will contact Wendell Engineering about the fire department access. Joel said the final approval on the access road will be included in the final site plan approval.
Councilman Hanson asked where the board is on the revision of the solar law. He would like to see an update on what is being done in the law. Supervisor Robbins stated Wendel Engineering is working on recommendations for the changes. Attorney Seachrist stated Wendel Engineering is also working on a battery storage law.
The board discussed the need to update the Cemetery service charges. The board asked Clerk Nygren to reach out to the other Municipal Clerks and see what they charge and report back to the board next month.
Supervisor Robbins noted Tom Allen has a list of head stones that need repaired in the town cemeteries.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Tom Allen be authorized to repair the headstones and bill the town accordingly.
Upon roll call vote, all aye, carried.
Supervisor Robbins stated the number of residents and businesses requesting to have the Five-Corners Water Improvement District extended now includes Hazeltine Library, Jim Francisco, Busti Auto, and Dirt Works. Discussion followed. Attorney Seachrist reviewed the steps of creating a new water district. Attorney Seachrist that typically the businesses and residents in the area requesting to have the waterline extended submit a written request to the Town Board signed by each of them. He also recommended the town talk to an engineer before moving forward.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti Town Board approves donating $5,000 to the Lakewood Busti Police Department and be designated to assist with the medical costs for former Canine Officer, Sarge. The funds would be taken from the ARPA funds.
Upon roll call vote, all aye, carried.
LBPD Chief DePonceau noted the department is picking up a new dog on August 15th. They are considering health insurance.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, the Town of Busti Town Board approves donating $6,000 to the Busti Fire Department, per their request, to be used for upgrading the Facilities & Utilities at the Firemen’s Grounds for the upcoming Bicentennial Celebration. The funds would be taken from the ARPA funds.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Court Clerk be authorized to apply for the 2023 JCAP grant.
Upon roll call vote, all aye, carried.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the Town of Busti accept EcoStategies Cost Proposal for professional engineering services associated with a Site Civil Planning Project located along the Vukote Canal in the Town of Busti not to exceed $5,000 and funded with ARPA funds.
Upon roll call vote, all aye, carried.
Councilman Hanson asked if it would be possible to install a guardrail on Sunset Drive at the curve near the new poles installed at John Volpe’s new home. Highway Superintendent Johnson will look into it.
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. 8 from warrant #438 to and including warrant #501 in the amount of $209,893.60.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the July 10, 2023 Regular Meeting minutes; motion was duly moved by Councilman Hanson.
All in favor, carried.
Councilman Brown reported he, Mike Voty, and Charlie Stafford are working together with organizing the Bicentennial Parade, reaching out to people who might participate. He also reported Little Angels has trapped the last female cat from the Fisher residence and will begin trapping male cats. Mr. Brown stated he has heard rumor that the town is making it difficult for an interested party to purchase Stateline Speedway and add other uses on the property. Attorney Seachrist stated he drafted a proposed Local Law that would permit the new uses with certain stipulations and calling it a Commercial Event Space. The Planning Board reviewed the law and had some suggestions. Mr. Seachrist was drafting an amended law that would be presented to the Town Board for their review. Supervisor Robbins stated the interested buyer wasn’t happy with the setbacks and Attorney Seachrist that could be adjusted.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Assessor Tera Darts be authorized to attend the annual Assessor Conference at Saratoga Springs, NY on October 5-8, 2023 and expenses paid by the town.
Upon roll call vote, all aye, carried.
Councilman Hanson asked if the bookkeeper was able to provide a list of the fund balances for the various accounts. Clerk Nygren stated she received a written list but will ask the bookkeeper if she is able to create a list on the accounting program and send it to the board. Discussion followed regarding carrying over the funds for the new trucks that are ordered but won’t be delivered until sometime in 2024, Attorney Seachrist suggested creating a reserve fund with the designated approved amount for the purchase of the truck. Clerk Nygren will also send the fund balance policy to the board.
Councilman Hanson asked what the status was of the Part-time Code Enforcement Officer applications, who is reviewing and interviewing any candidates. The board agreed Councilman Jim Andrews and CEO Jeff Swanson would review the applications and conduct any interviews.
Supervisor Robbins moved to adjourn the regular meeting at 8:50 p.m. and enter into executive session for attorney/client privilege regarding a litigation, motion was duly moved by Councilman Brown.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk