REGULAR MEETING
November 5, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, November 5, 2018 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 Rudy Mueller
Councilman Todd Hanson
Councilman Kenneth 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, Busti Lakewood Police Chief John Bentley, Busti Fire Dept Chief Matt Stafford, Attorney Joel Seachrist, Ray Ayers, Susan Lane, Charlie Stafford, John Francisco, Joan Erickson, and Eric Zavinski – Post-Journal.
Charlie Stafford noted the Annual Busti Tree Lighting will be held on Saturday, December 1st at the Triangle in the Hamlet.
Joan Erickson thanked Supervisor Robbins for returning her call and asked for clarification regarding available funds from the sale of the Recreation Center. Supervisor Robbins believes the balance remaining is approximately $77,000; stated the money belongs to the Town of Busti; and there are no plans to construct a new recreation center at this time.
Clerk Darlene Nygren reported there are two Special Use Permits that expire this year: Gene Swanson and Thomas Carlson. She will send letters to each of them requesting they return the renewal application before the November 19th Town Board meeting, which would allow the board to set the public hearing to be held on December 3rd. Discussion followed regarding eliminating the 3-year time period, Attorney Joel Seachrist stated the Special Use Permits could be granted without any expiration date. Clerk Nygren noted she will be attending the Southern Tier West’s Planning and Zoning training on Wednesday in Salamanca, there are six others attending the Thursday session at JCC. Clerk Nygren also noted the employees will be meeting, on Wednesday, with Integrated Benefits Solutions’ broker, Donna Thomson, for health insurance open enrollment.
Chief John Bentley reported the department has handled 7,360 incidents ytd and 463 since the last town board meeting. The department held an interactive fire arms training and will be participating in an interactive training at Southwestern High School with the Town of Ellicott Police Department.
Highway Superintendent Melvin Peterson reported the department has been mowing roadsides, getting the trucks ready for winter, and has ordered salt. Superintendent Peterson noted Ron Davidson has contacted the town inquiring about the dead-end extension off Grandview. It was his understanding the dead-end road had been named Davidson Lane, however, Chautauqua County 911 has given an address of Mapleview. Town Clerk Nygren looked back in the minutes and found the road was named Davidson Lane in November 2003. Superintendent Peterson will notify Chautauqua County 911 of the correct road name and will be installing a street sign. Superintendent Peterson also noted Heritage Ministries has contacted the county DPW to request a speed study for Southwestern Drive between Hunt Road and Baker Street. The county DPW has asked the Town of Busti to initiate the request. A similar study was performed in 2012 and denied by the state.
Supervisor Jesse Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, the Town of Busti submit a speed study request to reduce the speed limit from 55 mph to 45 mph on Southwestern Drive between Hunt Road and Baker Street as requested by Heritage Ministries.
Upon roll call vote, all aye, carried.
Busti Fire Department Chief Matt Stafford reported 41 EMS, 10 fire/fire alarms, 1 Motor Vehicle Accident, and 1 service call; the ytd total of incidents is 305 which is 10 more than last year. Chief Stafford thanked Highway Superintendent Peterson for coming out in the middle of the night to move a tree. Chief Stafford reported the Turkey Party was a success, there was standing room only and 900 tickets were sold for the gun raffle.
Supervisor Robbins noted the SEQR and Negative Declaration had been completed on the Special Use Permit application for Mike Nygren to operate a Wedding Special Event Venue at 1113 Southwestern Drive.
The following resolution was moved by Supervisor Robbins and duly moved by Councilman Lawton:
RESOLUTION
WHEREAS, Michael Nygren (hereinafter, the “Applicant”) has submitted an application to operate a Wedding/Special Event Facility at 1113 Southwestern Drive, on a parcel owned by him and designated on the Chautauqua County tax map as Section 420.00, Block 2, Lot 22, and
WHEREAS, the proposed use 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 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 use 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 use, 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
Action of the Board:
To consider the application of Michael Nygren for a Special Use Permit operate a Wedding/Private Event Facility at 1113 Southwestern Drive, on a parcel designated on the county tax map as Section 420.00, Block 2, Lot 22.
Resolution moved by: Supervisor Jesse Robbins
Seconded by: Councilman Todd Hanson
WHEREAS, Michael Nygren (hereinafter, the “Applicant”) has requested a Special Use Permit authorizing him to operate a Wedding/Private Event Facility at 1113 Southwestern Drive, 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 October 1, 2018 and finds justification to approve the application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application for the Special Use Permit to operate a Wedding/Private Event Facility at 1113 Southwestern Drive (the “Use”), be and hereby is authorized and approved subject to the conditions and requirements hereinafter set out:
1. The Applicant shall undertake the Use in accordance with application submitted to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application, the conditions of this permit, and the Town of Busti Zoning Code.
2. The terms, conditions, and requirements of this permit bind and obligate the Applicant, his 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.
3. 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.
4. 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: November 5, 2018
Vote: Aye Nay
Supervisor Jesse Robbins X _____
Councilman Rudy Mueller X _____
Councilman Jim Andrews X _____
Councilman Todd Hanson X _____
Councilman Ken Lawton X _____
* * * * * *
The Applicant, Michael Nygren, agrees to abide by all the terms of this Special Use Permit.
Dated: November 9, 2018
_______________________________________
Michael Nygren
Supervisor Robbins noted a member of the local Amish community had inquired about the possibility of expanding the CAMP zoning district. Discussion followed. There was an overall concern of the board of how the change would affect the existing residents in the proposed expansion area. The matter was tabled until further notice.
The Town Board members reviewed the proposed Solar Facilities Local Law. Councilman Mueller noted he had attended, with Code Enforcement Officer Swanson, NYSERDA’s recent class on the Model Local Law for Solar Facilities. He stated the proposed local law and model law were similar, but the model seemed to be more descriptive and included a funding for decommission requirement. Attorney Seachrist will review the model law; amend the proposed local law; and forward to the board for their review and discussion at the next meeting. There was discussion regarding where the solar facilities would be permitted. Attorney Seachrist explained what an overlay district was.
Supervisor Robbins noted New York State Department of Labor released the final draft of the Sexual Harassment model policy and training requirements for all employers. This is in response to a new law, which was part of the 2018-19 State Budget, requiring all employers to adopt, post and distribute to all employees by October 9, 2018, a sexual harassment prevention policy. The state has provided a sample model policy, final complaint form, and employee training requirements.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti adopt the model sexual harassment policy as required by New York State Department of Labor and require all employees to participate in an annual training.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Diane VanDewark be appointed to the Planning Board for a term of seven (7) years.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Hanson:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 15 from warrant #659 to and including warrant #707 in the amount of $66,115.17.
Upon roll call vote, all aye, carried.
John Francisco stated he recently spoke with NYS retirement regarding his anticipated retirement. He was asked about any earned vacation for next year. Mr. Francisco asked for clarification if the vacation was earned for the current year or the following year. Discussion followed. The town board will review the town vacation policy for interpretation. The board agreed that Mr. Francisco would be eligible for the current year’s longevity bonus if his retirement date was effective December 30, 2018.
Supervisor Robbins moved to accept the October 15, 2018 Regular Town Board minutes, motion was duly moved.
All in favor, carried.
Councilman Lawton reported the RFA grant application was submitted to Chautauqua Lake and Watershed Management Alliance. He thanked Clerk Nygren for her assistance with the grant application process.
Supervisor Robbins moved to adjourn the meeting at 7:41 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk