Town Board - September 11, 2023

REGULAR MEETING

September 11 2023

A regular meeting of the Town Board of the Town of Busti was held on Monday, September 11, 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

Absent: Councilman 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 Greg Sykes, Lakewood Busti Police Department Chief Chris DePonceau, Attorney Joel Seachrist, Chatuauqua County Legislator Jamie Gustafson, Chautauqua County Legislator Travis Heiser, Dale Robbins, Busti Fire Department Chief Matt Stafford, Andy Johnson – EcoStrategies, Code Enforcement Officer Greg Sykes, Terry Frank, Carl Shultz, Fareed Shinwari, Nan Aitken, Lyle Ostrander, Greg Edwards, Shirley Ecker, Jean DeStefano, Mike Nygren Dennis Ryan, and Alan Flinski.

District 10 County Legislator Jamie Gustafson and District 17 County Legislator presented the proclamation attached to these minutes proclaiming October 9^th in the Town of Busti as Paul Busti Day.

Supervisor Robbins thanked former Town Supervisor Dale Robbins for the foundation he set that contributed to who the Town of Busti is today. Mr. Robbins stated he appreciated the work of the Town Board and realized that it is not always easy. He believes the Town of Busti sets an example throughout Chautauqua County of what good government, responsible government, and fiscally responsible government can be. He wished the town the best with its upcoming final Bicentennial Celebration.

Town Clerk Darlene Nygren announced detail of the upcoming celebration. The event starts Thursday, September 21^st with the carnival, a DJ, and concert, Friday, September 22^nd will have the same schedule, and Saturday, September 23^rd will begin with a Bicentennial Parade at 10 am, the festival activities begin at 1:00 p.m. with the carnival and three concerts. The Historical Society will be holding a two-day Apple Festival on Saturday and Sunday as well. Clerk Nygren reported she would be out of the office on Monday, September 18^th while she attends a New York State Town Clerks Association Regional Conference in Buffalo. Deputy Clerk Susan Huffman will be working the full day.

Highway Superintendent Greg Johnson submitted the two bids received for Loomis Park courts; to remove original fencing, mill/demolish original court surfaces, resurface courts, paint regulation lines for one basketball and one tennis court, convert one tennis court to pickle ball courts, paint regulation lines for pickle ball courts, install new fencing between tennis and pickle ball courts, install new fencing between pickle ball courts, reinstall original fencing:

Lake Shore Paving – Option 1 – $211, 855.87

Option 2 – $162,866.27

Kingsview Enterprises, Inc – $127,777.00

Highway Superintendent Johnson recommends the board award the bid to Kingsview Enterprises.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews;

RESOLVED, upon the recommendation of Highway Superintendent Greg Johnson the Town of Busti Town Board award the bid to resurface the athletic courts at Loomis Park to Kingsview Enterprises, Inc as presented and with the price of $127.777.00. The expenditure will paid for with ARPA funds.

Upon roll call vote, all aye, carried.

Highway Superintendent received four quotes to replace the Roadside Brush Hog; he recoomends accepting the quote from Java Farm Supply as best value with the purchase price of $16,081.79. There is money in the budget for the purchase to replace the current brush hog which is forty-five years old.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:

RESOLVED, upon recommendation of Highway Superintendent Greg Johnson the Town of Busti Town Board accept the proposal from Java Farm Supply for the purchase of a Roadside Brush Hog – Woods DS10.50 in the amount of $16,081.79.

Upon roll call vote, all aye, carried.

Highway Superintendent Johnson noted the department worked with Kingsview Paving to pave Keller Road. Supervisor Robbins thanked the department for their work in helping with the Bicentennial event.

Code Enforcement Officer Greg Sykes reported he and CEO Jeff Swanson met with Andy Johnson, EcoStrategies and reviewed his report on the Vukote retaining walls. They have letters ready to send to property owners whose wall score was failing or poor. There were eight failing and sixteen poor canal walls. The letters gives June 1, 2024 as a deadline to remedy. Discussion followed. Andy Johnson recommended the letter state property owners should have initiated the permit to repair the wall not later than June 1, 2024 and repair should be completed late summer/early fall 2024. CEO Sykes stated he is half way through his training and will have the final test on October 25^th. He has been working with CEO Swanson on Williamson Law and is getting familiar with the program. Supervisor Robbins recommended he and CEO Swanson sit through another training with Williamson Law sometime this fall.

Supervisor Robbins asked if anyone who arrived late had anything to be heard, Fareed Shinwari introduced himself, he is new to the area and specializes in computer engineering and security and would be happy to contribute in any way possible.

Shirley Ecker inquired if anything had been done about a cat ordinance. The situation in her neighborhood is getting worse, the neighbor now has over 100 cats. She has talked to the state and the police, every one is telling her that the town has to do something. The cats are continuing to be a nuisance on her property and cause damage in her landscaping. Supervisor Robbins stated that he would have to consult with Attorney Seachrist about what the town can do for a resolution of the problem. He will talk to Falconer to see how they resolved the issue. Ms. Ecker stated the cats are all spayed or neutered so Little Angels couldn’t help with the situation.

Supervisor Robbins noted it was 7:00 p.m. and motioned to open the Public Hearing, regarding the on the application of Busti Solar Project, LLC (formerly, ECOsponsible LLC) to issue two, separate Special Use Permits rather than a single Special Use Permit, as previously issued, for two (2) “solar farms” of 5 megawatts or less on parcels zoned as an Industrial (I) District at 4542 Baker Street, which parcels are designated on the official tax map of the Town of Busti as Section 401.00, Block 2, and Lots 11.1 and 13. Motion was duly moved by Councilman Gustafson.

All in favor, carried

Proof of publication was placed on file.

Greg Edwards presented Town Clerk Nygren with a signed letter from Lakewood Village Fire Company stating the plans for the access roads into the Busti Solar Projects #1 and #2 adjacent to the Stoneman Industrial Park have been reviewed. The parameters of the proposed accessed road are acceptable to the Lakewood Village Fire Company.

Attorney Seachrist noted the final site plan for the two Special Use Permits was approved by the Planning Board on August 17, 2023.

No one present spoke on the application for split Special Use Permits.

Supervisor Robbins moved to close the public hearing at 7:08 p.m., motion was duly moved by Councilman Gustafson.

All in favor, carried.

Councilman Brown asked if all the stipulations from the original Special Use Permit have been met. Attorney Seachrist noted that the stipulations had been met and that Wendel Engineering had made changes to the original Special Use Permit to reflect that the project is slightly different from the original project.

Attorney Seachrist noted the permits presented to the Town Board for approval are divided into Busti Project #1 and Busti Project #2 are identical and with the board’s approval he will incorporate the suggested language from Mr. Edwards in a resolution approving these documents.

Supervisor Robbins moved the following resolution, which was duly moved by Councilman Gustafson.

RESOLVED, the Town Board of the Town of Busti reaffirms the negative declaration for the 10 megawatt Busti Solar Project approved in January 2022 and will now be know as Busti Solar Project #1 and Busti Solar Project #2.

Upon roll call vote, all aye, carried.

TOWN OF BUSTI

SPECIAL USE PERMIT #2023-1

Action of the Board:

To consider the application of Busti Solar Project, LLC ( formerly known as ECOsponsible, LLC) to construct and operate two 5.0 MW large scale solar energy systems, designated as “Busti I” and “Busti II”, on a 107 acre site located at 4542 Baker Street, which is designated on the Chautauqua County tax map as Section 401.00, Block 2, Lots 11.1 and 13.

Resolution moved by: Supervisor Jesse Robbins

Seconded by: Councilman Doug Brown

WHEREAS, ECOsponsible, LLC (Busti), LLC (hereinafter, the “Applicant”) has requested the issuance of two Special Use Permits authorizing it to construct and operate two 5.00 MW large-scale solar energy systems – i.e. a solar farms – on a parcel off Baker Street, which is designated on the Chautauqua County tax map as 401.00, Block 2, Lots 11.1 and 13; and

WHEREAS, the proposed site plan for the combined 10 MW project was the subject of a public hearing held by the Town Planning Board opened on August 17, 2023, after publication of legal notice, at which time all persons having an interest in the application were heard, and the Planning Board adopted a resolution and report recommending that the Town Board approve the application subject to certain terms and conditions, and

WHEREAS, the Chautauqua County Planning Department by letter dated January 3, 2022, in response to a zoning referral submitted pursuant to Section 239-m of the General Municipal Law, advised that the proposed action was of local option, and

WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been addressed, and a Negative Declaration has been issued for the overall 10 MW project after examination of the record and a public hearing, and

WHEREAS, the Town Board has considered all the facts and papers before it, and has heard those wishing to be heard at public hearings held January 3, 2022 and on September 11, 2023 (one for each 5 MW project), and finds justification to approve the two applications (two 5MW projects) for special use permits subject to the qualifications hereinafter set out,

NOW, THEREFORE, BE IT

RESOLVED, that the Town Board makes the following findings of fact:

The Applicant has obtained the necessary preliminary approvals from the Town Planning Board;

The application materials include all of the information this Board requires to take final action on the Special Use Permit; and

The proposed project meets the development standards set out in the Section 405-48.1 of the Town’s Zoning Code, which regulates Solar Energy Systems; and be it further

RESOLVED, that the application to construct and operate two Large-scale Solar Energy Systems be and hereby is authorized and approved, and two Special Use Permits shall be issued, one for each 5 MW project, and be it further

RESOLVED, a Special Use Permit shall be issued for the 5MW solar project designated as “Busti I”, subject to the conditions and requirements hereinafter set out:

The Applicant shall undertake the use in accordance with the plans, maps, and application submitted to the Town, except as hereinafter modified, and comply with all local zoning laws and regulations, and agrees to be bound by the terms of the application and the conditions of this permit.

The following terms and conditions shall apply to the permit:

The Applicant shall install landscaping at the entrance on Baker Street and as shown on the approved drawings and shall guarantee these plantings for 10 years.

All barriers around the project area, including fencing and trees, shall be maintained throughout the life of the project.

The Applicant shall establish appropriate disturbance limits in the final site plan and shall not disturb the areas marked for protection on the site plan.

The Applicant shall not use pesticides and herbicides on the 107 acre site.

The Applicant shall use DEC-recommended grasses for planting under the panels.

The Applicant shall limit lighting of the site in general but particularly shall not use systems that are triggered by motion sensors.

The Applicant shall implement all recommended environmental mitigation measures outlined in the SEQRA analysis to minimize potential environmental impact.

The Applicant shall provide regular reports to the Town of Busti regarding the project’s operations and compliance with permit conditions.

The Applicant shall implement visual mitigation measures as recommended in the visual impact assessment to minimize visual impacts on neighboring properties.

All of the other pre-construction requirements of the Town’s Solar Energy System Law.

If the owner of the solar projects or the owner of the property changes, the special use permits shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permits, site plan approvals, and decommissioning plans.

The terms, conditions, and requirements of this permit bind and obligate the Applicant, its successors, and assigns. This permit shall not be assigned or transferred, in whole or in part, without the prior written notice to the Town at least thirty (30) days in advance of the transfer.

Any failure or omission on the part of the Applicant to carry out any condition or requirement herein or in accordance with the terms or requirements of any statute, local law, ordinance or regulation, may be deemed a violation of the Town of Busti Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the Applicant, may subject them to the penalties therein. Continued violations after written notice may result in revocation of this Special Use Permit.

Each of these Special Use Permits shall become effective after the Applicant approves each and every provision hereof and agree to be bound by all of the terms herein contained in consideration of the granting of this Special Use Permit.

Dated: September 11, 2023

Vote: Aye Nay

Supervisor Robbins X _____

Councilman Brown X _____

Councilman Andrews X _____

Councilman Gustafson X _____

* * * * * *

The Applicant, Busti Solar Project, LLC, agrees to abide by all the terms of this Special Use Permit.

Dated: September 20, 2023

BUSTI SOLAR PROJECT, LLC

By: __Dennis J. Ryan , Manager (original copy on file) ___

And

TOWN OF BUSTI

SPECIAL USE PERMIT #2023-2

Action of the Board:

Resolution moved by: Supervisor Jesse Robbins

Seconded by: Councilman Jim Andrews

NOW, THEREFORE, BE IT

RESOLVED, that the Town Board makes the following findings of fact:

The Applicant has obtained the necessary preliminary approvals from the Town Planning Board;

The application materials include all of the information this Board requires to take final action on the Special Use Permit; and

The proposed project meets the development standards set out in the Section 405-48.1 of the Town’s Zoning Code, which regulates Solar Energy Systems; and be it further

RESOLVED, a Special Use Permit shall be issued for the 5MW solar project designated as “Busti 2”, subject to the conditions and requirements hereinafter set out:

The Applicant shall undertake the use in accordance with the plans, maps, and application submitted to the Town, except as hereinafter modified, and comply with all local zoning laws and regulations, and agrees to be bound by the terms of the application and the conditions of this permit.

The following terms and conditions shall apply to the permit:

The Applicant shall install landscaping at the entrance on Baker Street and as shown on the approved drawings and shall guarantee these plantings for 10 years.

All barriers around the project area, including fencing and trees, shall be maintained throughout the life of the project.

The Applicant shall establish appropriate disturbance limits in the final site plan and shall not disturb the areas marked for protection on the site plan.

The Applicant shall not use pesticides and herbicides on the 107 acre site.

The Applicant shall use DEC-recommended grasses for planting under the panels.

The Applicant shall limit lighting of the site in general but particularly shall not use systems that are triggered by motion sensors.

The Applicant shall implement all recommended environmental mitigation measures outlined in the SEQRA analysis to minimize potential environmental impact.

The Applicant shall provide regular reports to the Town of Busti regarding the project’s operations and compliance with permit conditions.

The Applicant shall implement visual mitigation measures as recommended in the visual impact assessment to minimize visual impacts on neighboring properties.

All of the other pre-construction requirements of the Town’s Solar Energy System Law.

If the owner of the solar projects or the owner of the property changes, the special use permits shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permits, site plan approvals, and decommissioning plans.

The terms, conditions, and requirements of this permit bind and obligate the Applicant, its successors, and assigns. This permit shall not be assigned or transferred, in whole or in part, without the prior written notice to the Town at least thirty (30) days in advance of the transfer.

Any failure or omission on the part of the Applicant to carry out any condition or requirement herein or in accordance with the terms or requirements of any statute, local law, ordinance or regulation, may be deemed a violation of the Town of Busti Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the Applicant, may subject them to the penalties therein. Continued violations after written notice may result in revocation of this Special Use Permit.

Each of these Special Use Permits shall become effective after the Applicant approves each and every provision hereof and agree to be bound by all of the terms herein contained in consideration of the granting of this Special Use Permit.

Dated: September 11, 2023

Vote: Aye Nay

Supervisor Robbins X _____

Councilman Brown X _____

Councilman Andrews X _____

Councilman Gustafson X _____

* * * * * *

The Applicant, Busti Solar Project, LLC, agrees to abide by all the terms of this Special Use Permit.

Dated: September 20, 2023

BUSTI SOLAR PROJECT, LLC

By: __Dennis J. Ryan, Manager (original copy on file )____

Busti Fire Department Chief Matt Stafford reported 31 calls for the month of August including 23 EMS, 3 Fires, 2 Motor Vehicle Accidents, and 3 Service Calls. Supervisor Robbins thanked the department for all the work they have done to prepare for the Bicentennial Celebration.

Attorney Seachrist reported he will the Zoning Violation court date has been rescheduled for September 19^th at 1:30 p.m. He will have a letter to residents on Riverside Road written by September 14^th. There is a virtual meeting scheduled with CS Energy for this Thursday at 6:00 p.m.

Clerk Nygren reported she reached out to the members of Chautauqua County Municipal Clerks Association regarding cemetery rates; she received responses back from nine municipalities and gave the board a spreadsheet with their rates. Discussion followed.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:

RESOLVED, the Town of Busti Town Board set the following rates for burials in all Town Cemeteries:

Interment: $800.00

Interment – Cremation: $500.00

Disinterment: $800.00

Transfer of Ownership: $ 25.00

Snow Removal $ 50.00

Infant Burial $275.00

In addition, $150 charge for Saturday burials from morning to noon

$250 charge for Saturday burials from noon to 4:00 p.m.

And a $75 charge per half hour after the first half hour of arrival time for services that

have visitation/calling hours at the cemetery. This charge is payable to the cemetery caretaker.

No burials/cremations will be done on holidays or Sundays.

Upon roll call vote, all aye, carried.

Andy Johnson, ecoStrategies, presented a list of

potential property uses for site civil planning purposes. The list is for discussion and

further brainstorming with the Town Board. He also updated the project maps

based on our initial proposal discussion.

List of Potential Uses for 2023 Site Civil Planning Project

Develop bike trails;
Develop hiking trails;
Develop nature parks with parking and picnic areas;
Develop roads to access potential parks and trails;
Locate parcels that might be sold to generate some revenue;
Identify key connection roadways and potential property connection trails

(e.g. Cummins to Stoneman Drive);

Stormwater / Green Infrastructure (Grants) to reduce flooding, erosion, and

control stormwater in neighborhoods and roadways. Note these can also

include hiking/bike paths;

Streambank / Shoreline Stabilization (Grants) – Note these can include

recreational areas such as parks and viewing areas;

Enhance sections of wetlands for public viewing and awareness (Grants);
Consider placing wetland areas that might never get developed into a

permanent conservation easement for tax credits to the Town.

The Site Civil planning in the 1^st – 6^th Avenues, from Chautauqua Lake up to Gleason Road and then up to Cummins to Vukote and Southern Tier Brewery. The maps are available in the Town Clerk’s officer for the public to review.

Attorney Seachrist reported on what he researched in regards to the Five-Corner Water Improvement District. The district was established about twenty years ago, the boundaries of that district already includes Hazeltine Library and a couple house beyond there. Those can be easily addressed with what is called a 202B project, you have an existing district and now building facilities within that district. The other spokes do not apply, the district would have to be extended to extend to those areas. Attorney Seachrist stated the 202B project would be at least a two or three year project. First, the Town Board would need to adopt a resolution authorizing the expenditure of moneys to pay for what is called a “Map, Plan, and Report”. An engineer looks at it and creates a map of the proposed district, a plan of what needs to go into that district in order to serve the facilities the town board wants to serve, and a report that includes how much it is going to cost. Once the board receives that information, they would then need to hold a public hearing; the public needs have the opportunity to participate, and assuming everyone wants to proceed, the board would adopt a Public Interest Order and a Bond resolution. There would be some ground work before moving forward which would include talking to the property owers to be sure they would want to proceed. Discussion followed. Attorney Seachrist suggested that the board ask the property owners to put together a petition with signatures of those that are interested in having public water.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:

RESOLVED, Chautauqua Lake Partnership be authorized to submit the grant application for the 2023-24 Consolidated Local Funding Program.

Upon roll call vote, all aye, carried.

Highway Superintendent Johnson is working with the county on the possibiltiy of installing guard rails on Sunset Drive.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:

RESOLVED, Jeff Ruch be added to the Town of Busti’s list of approved Electrical Inspectors.

Lakewood Busti Police Department Chief Chris DePonceau reported 835 incidents from August 7^th through Spetember 11^th, with a year to date total of 6,324. The new canine officer, Kor, is being trained for explosive detection. The department will be losing three part-time officers by the end of September. He has the Carnival Security schedule almost filled along with the action plan.

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. 9 from warrant #502 to and including warrant #575 in the amount of $350,369.37.

Upon roll call vote, all aye, carried.

Councilman Brown reported he and Mike Voty continue to work on the Firemen’s Grounds.

Councilman Andrews reported he will be attending an Alliance meeting tomorrow. He and CEO Swanson did interview three candidates for the part-time CEO position. They are recommending the board table hiring for that position at this time.

Supervisor Robbins moved to adjourn the meeting at 6:52p.m. motion was duly moved by Councilman Brown.

All in favor, carried.

Respectfully Submitted, __________________________

Darlene H. Nygren, Town Clerk

Town Board – September 11, 2023

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