February 26, 2018
A special meeting of the Town Board of the Town of Busti was held on Monday, February 26, 2018 at 4:10 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 Todd Hanson
Councilman Kenneth Lawton
Councilman Rudy Mueller
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: Carol Sorg, Peter Beeson, John Jablonski III, Jim Wehrfritz, and Tom Erlandson.
Those present were given opportunity to speak from the floor. John Jablonski and Peter Beeson both voiced a concern with the DEC application to use herbicides in areas of Chautauqua Lake. Jim Wehrfritz noted there is a public hearing scheduled for Thursday, March 1, 2018, 7:30 p.m. at Fluvanna Fire Department to hear feed back from the area residents and to properly inform them of the facts.
Supervisor Robbins moved to accept the resolution to proceed with the DEC application as presented, motion was duly moved by Councilman Hanson.
Councilman Lawton noted he has confidence that DEC will make the appropriate decision after doing the environmental review.
Councilman Hanson noted herbicides are one of the multiple solutions in multiple areas.
Councilman Mueller stated he has a safety issue with the use of herbicide and will continue to be concerned. If his concerns are not resolved, he would not be in favor of approving the final resolution to administer the herbicides.
Councilman Andrews agreed the DEC will regulate the use of the herbicides and would consider the safety of the area residents.
Supervisor Robbins noted this is a long-term concern and there is a risk of a decline in growth and tourism without properly dealing with the current weed issue on the lake. He is favor of funding the organization that will work to correct the weed issue not just maintain it.
The Town Board of the Town of Busti resolves as follows:
WHEREAS, on November 6, 2017, the Town Board proposed to apply for a permit from the New York State Department of Environmental Conservation (“NYSDEC”) to apply herbicides to areas of Chautauqua Lake bordering its jurisdiction; and
WHEREAS, on November 6, 2017, the Town Board resolved to serve as an Involved Agency in the State Environmental Quality Review Act (“SEQRA”) process and in the completion of a supplemental environmental impact statement (“SEIS”) regarding the application of herbicides to target areas of Chautauqua Lake, including areas of the Lake bordering the Town’s jurisdiction; and
WHEREAS, on February 8, 2018, the Town Board of the Town of Ellery, serving as Lead Agency in the SEQRA process, issued a draft SEIS regarding the application of herbicides to target areas of Chautauqua Lake; and
WHEREAS, pursuant to Article 15 of the New York State Environmental Conservation Law and Part 327 of the Official Compilation of Codes, Rules, and Regulations of the State of New York, the NYSDEC must issue a permit prior to the application of herbicides to waters within the State of New York; and
WHEREAS, the Town is a riparian owner; and
WHEREAS, the Town Board is reserving a decision on whether to undertake the application of herbicides in any or all areas included in any permit applications until the conclusion of the SEQR process.
We RESOLVE therefore:
• To apply for an Aquatic Pesticide Permits for the Control or Elimination of Aquatic Vegetation;
• To notify riparian owners and vested riparian users of the application and water use restrictions and their right to object; and
• Upon completion of the final SEIS and the issuance of the SEQRA findings, to consider the final SEIS and the SEQRA findings to make a determination whether to approve a resolution to apply herbicides to Chautauqua Lake.
ADOPTED, this 26th day of February, 2018, at a special meeting of the Town of Busti Town Board following a motion made by Supervisor Robbins and seconded by Councilman Hanson, and accrued with the following Roll-Call vote:
Supervisor Robbins – aye
Councilman Mueller – aye
Councilman Andrews – aye
Councilman Hanson – aye
Councilman Lawton – aye
Supervisor Robbins moved to adjourn the meeting at 4:34 p.m. which was duly moved by Councilman Hanson.
All in favor, carried.
Darlene H. Nygren, Town Clerk