TOWN OF NORTH HARMONY
SPECIAL BOARD MEETING
THURSDAY, 3/1/2018, 4:00 PM
SALLY P. CARLSON, SUPERVISOR ABSENT
FRANK STOW, COUNCILMAN PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
OTHERS PRESENT: Jim Wehrfritz; Paul Johnson; Gail Martin; Nancy Thomas, Town Clerk
Mr. Stow opened the meeting at 4:00 PM. He said Mrs. Carlson was unable to attend due to illness.
MOTION # 30 OF 2018
- SENA MOTIONED TO ADOPT THE FOLLOWING RESOLUTION OF INTENT. MR. MCNEILL SECONDED. YES (3): MCNEILL, STOW, SENA. NO (0). THE MOTION WAS CARRIED.
Mr. Wehrfritz, representing the Chautauqua Lake Partnership (CLP) provided maps showing the three lake treatment areas in the Town of North Harmony of Tom’s Point to the I-86 Bridge; Bly Bay; Sunrise Cove. He said these will be included in the permit application from the town.
Mr. Stow indicated that Hadley Bay will be included in the bridge treatment area.
Mr. Wehrfritz noted that the maps are in the SEIS draft which is located on the Town of Ellery website. He said the herbicide application forms will be brought to the Supervisor within a few days for signature and the resolution is needed to authorize that. He said the CLP will submit the application forms to the DEC along with the fees. He said the letter of notification will be sent by CLP’s consultant to all lakeshore residents and along the river all the way to Pennsylvania (approximately 3,000 properties). He noted that the board is not deciding today to apply herbicides; they are only deciding to file for the permits with the DEC. He said when the SEIS is done and the SEQR findings are complete and a permit issued, then there will be another meeting to consider whether to apply them. He said they are not asking the town to fund the project, they will do that. He said the same process is going on in the Town of Ellery; Village of Bemus; Town of Ellicott; Village of Celoron; Town of Busti; and Village of Lakewood.
There was discussion of water restrictions; post treatment sampling and dilution samples for concentration levels.
Mr. Stow asked what type of liability is tied to the process.
Mr. Wehrfritz said the DEC will not issue a permit unless they approve of the project. He said he really could not speak to any liability for the town. He suggested that the Town Attorney would need to review it along with the attorneys from the other towns as well as the CLP legal counsel. He said any suit would probably be an Article 78 suit.
TOWN OF NORTH HARMONY
The Town Board of the Town of North Harmony resolves as follows:
WHEREAS, on November 13, 2017, the Town Board of the Town of North Harmony 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 13, 2017, the Town Board of The Town of North Harmony 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 of North Harmony is a riparian owner, and
WHEREAS, the Town Board of the Town of North Harmony is reserving a decision on whether to undertake the application of herbicides in any or all areas included in any permit application until the conclusion of the SEQR process;
We RESOLVE therefore:
- To apply for an Aquatic Pesticide Permit for the Control or Elimination of Aquatic Vegetation; and
- 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 issuance of the SEQRA findings, to consider the final SEIS and SEQRA findings to make a determination whether to approve a resolution to apply herbicides to Chautauqua Lake.
ADOPTED, this _1st_ day of March, 2018 at a special meeting of the NORTH HARMONY Town Board
Following a motion made by _MR. SENA__ and seconded by MR. MCNEILL__ and approved with the following Roll-Call vote:
MCNEILL: YES ORTMAN: ABSENT CARLSON: ABSENT
STOW : YES SENA: YES
Nancy M. Thomas, Town Clerk
- MOTION # 31 OF 2018
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. STOW, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 4:15 PM.