REGULAR MEETING
June 6, 2016
A regular meeting of the Town Board of the Town of Busti was held on Monday, June 6, 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
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: Lakewood Busti Police Chief John Bentley, Attorney Joel Seachrist, Code Enforcement Officer Jeff Swanson, Chautauqua County Legislature PJ Wendell, Ray Ayers, Mary Griffin, Andrew Shetler, Raymond Yoder, Philip Lowe, Lisa Lowe, Ross Seeley, Tim & Candy Young, Stan & Cindy Davis, Linda Leighton, Jerry Leighton III, Joe Illig, Harvey Yoder, Joyce Roof, Charles Roof, John Shetler, Greta Smith, Chip Nelsen, Henry Yoder, James Mahoney, and Richard Frey.
Town Clerk Darlene Nygren reported the gentleman who had accepted the position of Dog Enumerator has decided that he is no longer able to take the position; Clerk Nygren has contacted another person who showed interest in the job but has not heard back from him. The Clerk’s office mailed out applications for Transfer Station permits last Friday and began selling them today.
Chief John Bentley reported 4,645 incidents YTD, which is 705 more incidents since the May 16th Town Board meeting. He stated the department has received funds from a Traffic Safety Initiative to be used towards seat belt law enforcement. Chief Bentley wanted the public to be aware that burglaries have been reported in the area and residents should call the department if they see any suspicious activity.
Code Enforcement Officer Jeff Swanson reported IECC has issued new code books; there is a target date of October 10, 2016 to fully implement the new code and replace the 2010 code. Supervisor Robbins noted the town received the results from the recent Inspection Officer Civil Service exam and Mr. Swanson ranked #2 with a score of 90.
Chautauqua County Legislature PJ Wendell noted he received information regarding the DEC Application of Sunset Valley Golf Inc. The applicant proposes to stabilize a section of eroding stream bank and installing stone protection to stabilize the erosion with DEC approval.
Supervisor Robbins noted after reviewing the Electric & Gas Supply Service proposals from New Wave Energy and Constellation the board recommends using National Fuel and National Grid for the energy supply service.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Hanson:
RESOLVED, National Fuel and National Grid be designated the energy service supplier for both gas and electric supply.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Andrews:
RESOLVED, Highway Superintendent Melvin Peterson be authorized to advertise for bids for the Highway Cold Storage Building roof, bids will opened at noon on June 17, 2016 in the Town Clerk’s office and will be presented at the June 20, 2016 Town Board meeting.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Hanson:
RESOLVED, Jeff Swanson be appointed as permanent Inspection/Code Enforcement Officer with an annual appointment. This appointment replaces the conditional appointment requiring Mr. Swanson pass the Inspection Officer Civil Service Exam.
Upon roll call vote, all aye.
Supervisor Robbins moved to hold a public hearing pursuant to Article 450.20. I- Industrial District, B-1 of the Zoning Code on the following:
The application of Ross Seeley, d/b/a Southern Tier Distilling Company, for Special Use Permit to operate a Tasting Room, Mixology, and Retail Sales. The property is owned by County of Chautauqua IDA, located at 2051A Stoneman Circle, Lakewood, New York, and known as Section 385.00, Block 1, and Lot 45.1 of the official tax map of the Town of Busti, and is located in the Industrial District.
Said hearing will take place on June 20, 2016 at 7:00 p.m. at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York.
Motion was duly seconded by Councilman Mueller.
Upon roll call vote, all aye. Carried.
Supervisor Robbins noted South & Center Chautauqua Lake Sewer District is proposing to extend the existing public sanitary sewer system to provide service to properties located on the west side of the lake. Councilman Mueller moved to authorize Supervisor Robbins to sign the Consent Form which will concur that Chautauqua County assumes the responsibility of SEQRA lead agency which was duly seconded.
All aye. Carried
Councilman Hanson moved the following resolution which was duly seconded by Councilman Andrews:
RESOLVED, the Town of Busti renew membership with Chautauqua Lake and Watershed Management Alliance and pay $2,000 as its Membership Dues for 2016-2017.
Upon roll call vote, all aye. Carried.
Councilman Hanson noted the following report from Highway Superintendent Melvin Peterson:
“I am not going to be at the June 6th meeting because of attending highway school but I have asked that the purchase of a new mini loader can be on the agenda.
The warrantee has expired on the towns 409 JCB and also this year the guaranteed buy back is done. That agreement has run for 6 years with no problems. The new loader price is $80,007.41 and the trade allowance for the highways two year old used one is $68,370.35 so the difference is $11,637.06. That cost puts us close to what Councilman Hanson and I have estimated for the trade time table.
The dealer salesman and I have been working on this for almost two months to get the price down as affordable as we could get it. The newer pieces of equipment that the highway has purchased in the last five to six years have had the new engine pollution upgrades, so with the newer upgrades up goes the price. This new Mini loader is tier 4 final so the bigger price difference should be done on this piece.”
Councilman Hanson moved the following resolution which was duly seconded by Councilman Mueller:
RESOLVED, Superintendent Peterson be authorized to trade the 409 JCB Loader for a new 409 JCB Loader at a cost of $11,637.06, after finalizing the warranty and buy back with the manufacturer.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted it was 7:00 p.m. and time to open the public hearing for Local Law No. 1 of 2016 entitled “PERMITTING SAWMILLS BY SPECIAL USE PERMIT IN THE CAMP DISTRICT”.
All in favor, carried.
Discussion followed.
Notice of publication was placed on file.
Supervisor Robbins moved to close the public hearing at 7:08 p.m., which was duly seconded by Councilman Mueller:
All in favor, carried.
Attorney Joel Seachrist reviewed the Full Environmental Assessment and stated Chautauqua County Department of Planning & Economic Development responded “the proposed actions should have no significant county-wide r inter-community impact and that the project would be a matter of local concern.”
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Mueller:
RESOLUTION
WHEREAS, the Town of Busti has proposed Local Law No. 1 of 2016, which would permit sawmills in the CAMP District, subject to special use permit issued by the Town Board, and
WHEREAS, the proposed law has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a long 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 local law, and
WHEREAS, the Board has determined that the proposed law will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby issues a Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed Local Law No. 1 of 2016 and authorizes the Supervisor to complete Part III of the EAF accordingly.
Upon roll call vote, all aye, carried.
Councilman Mueller moved the following resolution which was duly seconded by Councilman Hanson:
RESOLUTION TO ADOPT LOCAL LAW NO. 1 OF 2016
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Busti for a public hearing to be held by said Board on June 6, 2016 at the Town Hall, 125 Chautauqua Avenue, Lakewood, New York, to hear all interested parties on a proposed Local Law to permit a certain number of sawmills in the CAMP District, subject to special use permit issued by the Town Board, and
WHEREAS, notice of said public hearing was duly published in the Jamestown Post-Journal and posted in the Town Clerk’s office, and
WHEREAS, said public hearing was duly held on June 6, 2016 at the said time and place and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and
WHEREAS, the County Planning Department by letter dated May 31, 2016, sent in response to a referral made pursuant to Section 239-m of the General Municipal Law, has advised that the proposed Local Law is of local option, and
WHEREAS, the Board has determined that the adoption of the local law is a Type I action for purposes of the State Environmental Quality Review Act, has prepared an Environmental Assessment Form, and has duly adopted a Negative Declaration finding that the proposed Local Law will not have significant adverse environmental impacts, and
WHEREAS, the Town Board, after due deliberation, finds it in the best interests of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Busti hereby adopts said Local Law as Local Law No. 1 of 2016, a copy of which is attached hereto and made a part hereof, and the Town Clerk hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Busti, and to give due notice of the adoption of the Local Law to the Secretary of State.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to hold a Public Hearing pursuant to Section 405-27 of the Zoning Code, regarding the issuance of Special Use Permits to operate certain sawmills within the CAMP District.
Said hearing will take place on June 20, 2016 at 7:15 p.m. at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York.
Upon roll call vote, all aye, carried.
Supervisor Robbins opened the floor for discussion regarding the proposed Local Law 2016-2
“PERMITTING CERTAIN SAWMILLS BY SPECIAL USE PERMIT IN THE CA DISTRICT”
Residents present shared their concerns or support of permitting certain sawmills in the CA District.
Councilman Lawton stated this has been a challenging debate; his concern is for residents who purchased their home/property in the CA district with the understanding that sawmills were not an allowed use there. Councilman Hanson stated he had no problem with allowing the use of a small mill set-up. He sees this law as being a compromise for all residents. Councilman Andrews noted the town continues to be in litigation regarding the unauthorized use of a saw mill in the CA District and building without a permit; he questioned how passing this law would affect the litigation. Councilman Mueller stated he supported Local Law 2016-1 which allowed the use of sawmills in the CAMP district but was not in favor of allowing them in the CA District. He felt that passing Local Law 2016-1 was a compromise and he would need to hear support from a significant number of residents in the CA district before he could support the use of a sawmill there.
Councilman Hanson moved to hold a public hearing at the Town of Busti Administrative Building, 125 Chautauqua Avenue, Lakewood, New York, at 7:30 p.m. on the 20th day of June, 2016, regarding the adoption of Local Law No. 2 of 2016 entitled “PERMITTING CERTAIN SAWMILLS BY SPECIAL USE PERMIT IN THE CA DISTRICT”. No second received. No action was taken.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Lawton:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 10 from warrant #306 to and including warrant #357 in the amount of $41,947.87.
Upon roll call vote, all aye. Carried.
Supervisor Robbins moved to accept the May 16, 2016 town board minutes which was duly seconded by Councilman Andrews.
All aye. Carried.
Councilman Hanson reported Ryan White, Southwestern Soccer League, has applied for funds from a Chautauqua Region Community Foundation grant for construction of a concession stand at Loomis Park. The rebounding wall, at Loomis Park, will be built in a few weeks.
Supervisor Robbins motioned to adjourn the meeting at 8:07 p.m., which was duly seconded by Councilman Andrews.
All aye.
Respectfully Submitted,
____________________________________
Darlene H. Nygren, Town Clerk