REGULAR MEETING
June 20, 2016
A regular meeting of the Town Board of the Town of Busti was held on Monday, June 20, 2016 at 6:45 p.m., at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York with the following members present:
Supervisor Jesse M. Robbins
Councilman Todd M. Hanson
Councilman Jim Andrews
Councilman Rudy Mueller
Absent:
Councilman Kenneth J. Lawton
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
Present at the meeting were: Highway Superintendent Melvin Peterson, Lakewood Busti Police Chief John Bentley, Attorney Joel Seachrist, Erin Brickley – Chautauqua Lake & Watershed Management Alliance Executive Director, Tillie Solomonson, Ray Ayers, and Ross Seeley – Southern Tier Distilling Company .
Town Clerk Darlene Nygren reported her office continues to sell transfer station stickers, Elizabeth Gleason from Tint Press is anticipating going live with the new town website within the next month, and Clerk Nygren would like to advertise again for the position of Dog Enumerator.
Chief John Bentley reported 5,050 incidents YTD. He noted that there have not been many issues with Stateline Speedway now open. The department administered narcan to a youth in Lakewood and made arrests for possession of Meth in the town.
Highway Superintendent Melvin Peterson reported that he attended Highway School the first week of June. Suit Kote has put a heavy seal coat in all of Cottage Park and are beginning to crack seal. The department will begin pave in Kiantone later this week and installed the new flag pole at 125 Chautauqua Avenue. No bids were received to replace the roof on the Highway Cold Storage Building. Most of the department will be on vacation the week of July 4th. The work on the Donelson Road bridge is on hold until possibly July 5th.
Supervisor Robbins noted that no Special Use Permit applications were received for sawmills in the CAMP district. The public hearing is canceled.
The board had a question regarding the formula for the Standard Work Day Reporting. The subject was tabled to the next board meeting, Monday, July 18th.
Highway Superintendent recommended that Wyatt Johnson be hired for summer help in the Parks Department.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Mueller:
RESOLVED, Wyatt Johnson be appointed to work for the Parks Department for the summer of 2016 at a rate of pay of $12 per hour and work an average of 35 hours per week.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved that Jamestown Community College Soccer Team be permitted to use Loomis Park, August 1 – 20, Monday – Saturday mornings. This will not conflict with any other uses of the park at this time and a Certificate of Liability Insurance has been received. Motion was duly seconded by Councilman Hanson.
All aye, carried.
Supervisor Robbins noted there will be a public hearing on a National Fuel rate increase. The hearing will be held June 29, 2016 at 3pm and 6pm at Jamestown Municipal Building, City Council Chambers.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Mueller:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 11 from warrant #358 to and including warrant #398 in the amount of $35,534.16.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the June 6, 2016 town board minutes which was duly seconded by Councilman Hanson, who noted that there was a correction regarding the kicking wall at Loomis Park. The grant funds have been applied for not secured. Town Clerk Nygren will make the correction.
All aye, carried.
Highway Superintendent Peterson noted Great Lakes has cut the trees at Wellman Cemetery, one tree was added to the number to be cut, which will bring the total bill to $800 more than the original bid.
Attorney Joel Seachrist reported New York State Legislation passed a Zombie Property Bill today. The bill requires banks to maintain vacant/abandoned properties that are being held for first lien on a mortgage; to maintain a registry; and to create a toll free hotline.
Supervisor Robbins noted it was 7:00 p.m. and time to open the public hearing for the Special Use Permit application of Ross Seeley d/b/a Southern Tier Distilling Company to allow the use of a Tasting Room and Retail Sales area.
All in favor, carried.
Notice of publication was placed on file.
No one present spoke regarding the application
Supervisor Robbins moved to close the public hearing at 7:01 p.m., which was duly seconded by Councilman Hanson:
All in favor, carried.
Attorney Joel Seachrist noted the town received a response from Chautauqua County Department of Planning and Economic Development that stated the matter was of local concern.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Hanson:
RESOLUTION
WHEREAS, Ross Seeley (hereinafter, the “Applicant”) has submitted an application for a Special Use Permit to operate a tasting room and retail sales as secondary commercial tourism features of a distillery located at 2051A Stoneman Circle, designated as tax map parcel Section 385.00, Block 1, Lot 45.1, and
WHEREAS, the proposed uses have been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmenttal Quality Review Act),
including the preparation and review of a short 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 use, and
WHEREAS, the Board has determined that the proposed uses will not have a significant environmental impact,
NOW THEREFORE BE IT RESOLVED, that the Town Board hereby approves Parts I and II of the Environmental Assessment Form, issues the attached Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed uses, and authorizes the Supervisor to complete and sign the Environmental Assessment Form accordingly.
Upon roll call vote, all aye, carried.
TOWN OF BUSTI
SPECIAL USE PERMIT #2016-1
Action of the Board:
To consider the application of Ross Seeley for a Special Use Permit for a commericial tourism secondary to his ongoing manufacturing concern and which would allow him to operate a tasting room and conduct retail sales pursuant to Section 405-20(B)(1) of the Town of Busti Zoning Code, on a parcel located at 2051A Stoneman Circle, designated on the Chautauqua County tax map as Section 385.00, Block 1, Lot 45.1.
Resolution moved by: Supervisor Robbins
Seconded by: Councilman Hanson
WHEREAS, Ross Seeley (hereinafter, the “Applicant”) has submitted an application for a Special Use Permit allowing him to operate a tasting room and conduct retail sales pursuant to Section 405-20)(B)(1) of the Town of Busti Zoning Code, and
WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been addressed, and a Negative Declaration has been issued 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 a public hearing held June 20, 2016 and finds justification to approve the application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application to operate a tasting room and conduct retail sales as secondary commercial tourism uses at 2051A Stoneman Circle (the “Uses”), be and hereby are authorized and approved subject to the conditions and requirements hereinafter set out:
- The Applicant shall undertake the Uses in accordance with the application submitted to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application and the conditions of this permit.
- If operation of the Uses has not commenced within one year of the issuance of this permit, this Special Use Permit shall become void and the Applicant shall be required to apply for a new permit should he intend to continue the project.
- 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 consent of the Town, except as otherwise herein noted.
- 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.
- This Special Use Permit 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: June 20, 2016
Vote: Aye Nay
Supervisor Robbins X _____
Councilman Andrews X _____
Councilman Mueller X _____
Councilman Hanson X _____
* * * * * *
The Applicant, Southern Tier Brewing, agrees to abide by all the terms of this Special Use Permit.
Dated: June 20, 2016
_______________________________________
Ross Seeley
Upon roll call vote, all aye, carried.
Erin Brickley, Chautauqua Lake & Watershed Management Alliance Executive Director, reviewed the Alliance’s Mission, 2015 Leveraging, 2015-2016 Timeline, and Member Services as well 2015 Water Quality Improvement Grants. Secondly, Ms. Brickley discussed the Town’s participation in an effort to apply for a state grant to fund a stormwater study that covers the subwatershed in both the Village of Lakewood and the Town of Busti. She shared the scope of work for the Village of Lakewood/Town of Busti Stormwater Management Study. The Alliance is asking both the Village and Town to each commit to providing $5,000 toward the required local match in cash and/or in-kind services and designate the Village of Lakewood as the primary grant applicant. Discussion followed.
Councilman Andrews moved the following resolution, which was duly seconded by Councilman Mueller:
Resolution
“Authorize Approval to Participate in Efforts to Fund a Village of Lakewood / Town of Busti Stormwater Management Study”
WHEREAS, Chautauqua Lake is an invaluable asset to Chautauqua County and the municipalities that border it, but has been designated as an impaired water body and its health and usability are threatened; and
WHEREAS, stormwater from the Village of Lakewood (Village) and Town of Busti (Town) flow directly into Chautauqua Lake, or into streams that flow into Chautauqua Lake; and
WHEREAS, Chautauqua Lake currently has a Total Maximum Daily Load for phosphorus of 0.02 mg/l, which favorably positions the Town and Village for grant-funded water quality improvement projects; and
WHEREAS, the Village plans to be the primary grant applicant and retain the services of a licensed professional engineer to undertake a stormwater study that inventories, assesses the drainage condition and capacity, defines surface drainage (catchment areas), and models nutrient loadings; and
WHEREAS, an important component and end result of such a study would require identification of recommendations for increased stormwater conveyance and treatment capacity, focusing on green rather than gray improvements and new green infrastructure; and
WHEREAS, New York State Consolidated Funding Application (CFA) offers state-wide grant funding programs that provide an opportunity to significantly leverage local resources; however, these grant programs are fiercely competitive and require a local match in cash and/or in-kind services; and
WHEREAS, the Chautauqua Lake & Watershed Management Alliance (Alliance) has been established as a nonprofit New York organization to collaborate and coordinate amongst its Members to procure funding for projects recommended in the Chautauqua Lake Watershed Management Plan, the Macrophyte Management Strategy, and the Chautauqua Lake LWRP via grant writing, to benefit the water quality of Chautauqua Lake on behalf of its Members; and
WHEREAS, both the Village and the Town are Founding Members of the Alliance; and
WHEREAS, the primary partners undertaking efforts to fund and implement a stormwater management study have been identified as the Village, the Town and the Alliance, all of whom have committed to participate in supporting a CFA grant application which would cover the costs of such a stormwater management study and in securing needed local match; therefore be it
RESOLVED, that Town of Busti shall commit to providing $5,000.00 toward required local match in cash and/or in-kind services and that the Village of Lakewood will act as the primary grant applicant.
Upon roll call vote, all aye, carried.
Councilman Hanson asked Chautauqua Lake & Watershed Management Alliance to allow more of a lead time when requesting funds such as this, as this expenditure was not budgeted in the 2016 budget.
Supervisor Robbins announced the Town of Busti Town Board meeting scheduled for Tuesday, July 5th has been canceled. The next town board meeting will be held Monday, July 18th.
Supervisor Robbins noted the following reports & correspondence:
Charter Communications
Supervisor’s Report May 2016
Supervisor Robbins motioned to adjourn the meeting at 7:42 p.m., which was duly seconded by Councilman Hanson.
All aye.
Respectfully Submitted,
____________________________________
Darlene H. Nygren, Town Clerk