REGULAR MEETING
June 4, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, June 4, 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 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: Busti Lakewood Police Chief John Bentley, Attorney Joel Seachrist, Marty Willow, Bruce Erickson, Kathleen and Charles Anderson, Joanie Denn, John Shed, Terry Turner, Village of Lakewood Trustee Doug Schutte, Bill Chandler, Chautauqua County Legislator PJ Wendel, Kristen Kreinhider, Wendy Kane, Village of Lakewood Mayor Cara Birittieri, and Village of Lakewood Trustee Ted McCague.
Town Clerk Darlene Nygren reported 2018-19 Transfer Sticker applications will be mailed out later this week. Sarah Phearsdorf, Southern Tier West, will be at the Town Clerk office on Wednesday, June 6th, to assist in purging files and preparing them to be moved to the Records Room. Ms. Phearsdorf will come back, after the shelving has been installed in the Records Room, to assist with organizing the room according the New York State Archives recommendations.
Chief John Bentley reported the department has had 3,851 incidents ytd and 387 incidents since the last board meeting. Chief Bentley noted “traffic safety detail” is in full swing, the department has received multiple grants to have extra officers on patrol.
Supervisor Robbins opened the floor for comments regarding the DEC Herbicide Application Permit. Many of those present spoke in opposition of the herbicide application on the shores of the Village of Lakewood; in their opinion there are too many unknown effects of the herbicides approved: Renovate 3. There was concern of the side effects of the herbicides to both humans and fish; what the herbicide application would cost tax payers; and the SEIS findings. Others present spoke in favor of the herbicide application with the proposed area including the shores of the Village of Lakewood. They noted the condition of the lake is deteriorating, the cutting of the weeds is not correcting the weed issue, and something new needs to be done.
Legislator PJ Wendel noted the county will not be funding any portion of the herbicide application in Chautauqua Lake this year. He stated there is an algae bloom issue, in addition to the weeds, that the herbicides will not treat. He would like to see the municipalities work together and develop a comprehensive plan for lake maintenance. Legislator Wendel noted the county does not control the lake, the lake falls under the jurisdiction of the state. There is a $65 million competitive grant through the state to be used for lake maintenance/improvement; Chautauqua Lake is one of five finalists; the money will not be awarded equally.
There was discussion as to what role Chautauqua County should have when it comes to lake maintenance if the state doesn’t take the lead.
Village of Lakewood Mayor Birrittieri, Trustee McCague and Trustee Schutte all agreed the village shores don’t have a weed problem but an algae bloom issue. The Village of Lakewood Board of Trustees held a special meeting on Friday, June 1st to review and vote on its SEQR Involved Agency Findings Statement, Findings to Disapprove Chautauqua Lake Aquatic Pesticides Treatment. The board approved the Findings to Disapprove with a vote of 3 to 1, with one member not present who had previously favored herbicide treatment. The trustees asked the Town Board to not supersede their decision against any herbicide treatment in the Village of Lakewood.
Councilman Hanson commented on how important Chautauqua Lake is to our area. He noted Chautauqua Lake Partnership presented a wholistic approach to treating the lake’s weed issue. In addition to supporting Chautauqua Lake Partnership, the Town of Busti supports Chautauqua Lake Association and Chautauqua Lake and Watershed Management Alliance. Each organization is important to the management of the lake. He also noted that the majority of those attending the last town board meeting were in favor of the herbicide application. He would like to see the county take a leadership role if the state is not going to do so.
Councilman Mueller stated he is not comfortable in overriding the Village Trustees Findings to Disapprove Chautauqua Lake Aquatic Pesticides Treatment. He feels the town can compromise and authorize the herbicide application west of Lakewood, which would result in a cost reduction. He would support using funds from the town’s fund balance to pay for the herbicide application but only for applications west of the Village.
Councilman Lawton thanked everyone who shared their opinion. He stated Renovate 3 would be the only herbicide applied in the Busti/Lakewood area and would be used to treat Eurasian Watermilfoil and curly leaf pondweed. Councilman Lawton noted the Chautauqua Lake Partnership has received over $17,000 in private donations from Town and Village residents and he would like to see the town match those funds. He believes most residents support the herbicide application and he supports the decision to proceed with the treatment. The Town Board voted to proceed with the herbicide application treatment at the last town board meeting, 4-1. The cost of the application will be reduced due if the area is reduced. The town will be required to purchase additional environmental liability insurance and has received a quote of $2,000.
Supervisor Robbins stated it is important to the county/town/village residents to economically protect the lake. He noted the weeds in Burtis Bay are terrible and something needs to be done to correct the problem with the new hotel coming in to Celeron. Supervisor Robbins feels most residents are in favor of trying to treat the weeds with the herbicides.
Bruce Erickson noted CLA will not be cutting or doing shore cleanup where the herbicides have been applied.
Discussion followed regarding where the herbicide treatments should be applied.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, the Town of Busti Town Board authorize Supervisor Robbins to spend and not exceed $20,000 to be designated toward the cost of the herbicide treatment application in Chautauqua Lake and insurance, related to the project, with the direction that the location of the application be made in accordance with the DEC permit and targeting the areas with the highest density of Eurasian Watermilfoil in the permitted areas.
Vote: Aye Nay
Supervisor Jesse Robbins X
Councilman Rudy Mueller X
Councilman Jim Andrews X
Councilman Todd Hanson X
Councilman Kenneth Lawton X
Motion not carried.
Councilman Mueller motioned the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board authorize Supervisor Robbins to spend and not exceed $20,000 to be designated toward the cost of the herbicide treatment application in Chautauqua Lake and insurance, related to the project, with the direction that the location of the application be made in accordance with the DEC permit and targeting the permitted areas beginning at S078 and west with the highest density of Eurasian Watermilfoil.
Vote: Aye Nay
Supervisor Jesse Robbins X
Councilman Rudy Mueller X
Councilman Jim Andrews X
Councilman Todd Hanson X
Councilman Kenneth Lawton X
Carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the board hire Zach Johnson for the Park’s Department part-time summer help position at a rate of $12 per hour.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved 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. 7 from warrant #312 to and including warrant #350 in the amount of $140,587.12.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the May 21, 2018 town board meeting minutes which was duly moved by Councilman Mueller.
All in favor, carried.
Councilman Mueller moved the following resolution which was duly moved by Councilman Hanson;
RESOLVED, Supervisor Robbins be authorized to sign the contract with SOLitude Lake Management for the amended payment of maximum $20,000, less the cost of related insurance, as authorized by the Town Board earlier this evening and incorporating a letter from Chautauqua Lake Partnership dated June 5, 2018 documenting their organization has received in private donations in the amount of $17,500 which will be committed to the Town of Busti in consideration of their plans to apply herbicides in their portion of Chautauqua Lake consistent with the permit issued by the New York State Department of Environmental Conservation and a letter from Chautauqua Lake Partnership stating they will be responsible for implementation of the following “Client Responsibilities” (in bold) included in the 2018 Town of Busti-SOLitude Herbicide Treatment Contract.
Client Responsibilities:
1. Client will be responsible for the following:
a) Providing a secure site to receive and store pesticides prior to and during application (up to ten (10)
pallets) and providing access during the hours of 7 am to 7 pm. [Note: Partnership will provide
site/access through Town of Ellery. Partnership will provide security.]
b) Updating appropriate town and organization websites, postings in local newspapers, public notification of
restrictions. [Note: Partnership will provide information for updating of Busti website and handle
postings in local newspapers, public notifications of restrictions.]
c) Distributing the sample results from post herbicide monitoring to all information outlets.
d) Providing site security for all herbicide storage and application sites.
e) Posting and removal of riparian notification posters. [Signs]
f) Disposal of all used Navigate containers (rinsed) during the application process. [Partnership will
provide through the Town of Ellery.]
g) Providing overnight docking locations for contractor boats.
Upon roll call vote, all aye, carried.
Councilman Lawton moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, Supervisor Robbins be authorized to sign the amended Restocking Agreement with SOLitude Lake Management and that he make ensure the restocking fee is reasonable and reflects the amended payment due in the contract with SOLitude Lake Management.
Upon roll call vote, all aye.
Councilman Lawton moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, Supervisor Robbins be authorized to sign a Contractors Environmental Legal Liability (CELL) policy with Ironshore Specialty Insurance Company, with the premium amount of $2,000.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to adjourn the meeting at 9:55 p.m. which was duly moved.
All in favor, carried.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk