Chautauqua Lake and Watershed Management Alliance

Chautauqua NY

You are here: Home / Minutes / 2024 / July 2024 Minutes

July 2024 Minutes

By

Chautauqua Lake and Watershed Management Alliance

Minutes of the Board of Directors – Public Meeting

Thursday, July 11, 2024

4:30 p.m. at The Lawson Center, 73 Lakeside Drive, Bemus Point, NY 14712 & via Zoom

Directors Present: JoDee Johnson, Janis Bowman, Don Emhardt, Ellen Barnes, Martin Proctor, Paul Wendel Jr., Pierre Chagnon

Directors Absent: Jim Andrews, Mike LaTone

Staff in Attendance: Randall Perry – Alliance Executive Director, Jay Young – Alliance Communications Coordinator

Member Representatives in Attendance: John Ford and Pat Hubbell– Chautauqua Lake Association; Dave McCoy – County of Chautauqua; Louise Ortman – Town of North Harmony; Jim Cirbus, Rick McMahon, and Jackie Damore – Chautauqua Lake Partnership; John Shedd – Chautauqua Institution

Others in Attendance: Craig Butler; Jim Wehrfritz; Doug Champ; Tyler Beaton; Marie Berner; Kathy O’Brien; R.G. Witchey Jr.

________________________________________________________________________________________________________

I.  Call to Order

D. Emhardt called the Board Meeting of the Chautauqua Lake and Watershed Management Alliance (Alliance) to order at 4:30 PM. A quorum of 7 out of 9 Alliance Board Members were present at the start of the meeting. At the request of a member of the audience, Alliance Board Members introduced themselves and the Member organizations they represent.

II. Approval of 6/13/2024 Board Work Session Minutes

E. Barnes made a motion to accept the minutes from the 6/13/2024 Work Session Meeting. The motion was seconded by J. Johnson and was approved unanimously.

III. Financial Report

R. Perry indicated that the meeting packet includes an updated financial summary report.

M. Proctor made a motion to accept the financial report as presented. The motion was seconded by P. Wendel and was approved unanimously.

IV. Projects Update

R. Perry provided the following Projects Update, which was available as a handout in the meeting packet:

  • 2018-2024 Invasive Species Early Detection – Volunteer Task Force
    • Contact the Chautauqua Watershed Conservancy (CWC) to get involved
    • Be on the lookout for emerging Chautauqua Lake invasive species water chestnut, brittle naiad, and starry stonewort; early detection and management are continuing in 2024.
  • 2021 Town of Chautauqua Roadside Swales Stabilization Project (NYSDEC WQIP)
    • Engineering by Barton & Loguidice underway; Design nearing completion; Construction scheduled to begin in 2024
  • 2022 Town of Chautauqua Stream Culvert Assessments (NYSDEC NPG)
    • Engineering work underway by EcoStrategies
  • 2022 Village of Lakewood Commercial Corridor Stormwater Engineering Study – Mall Boulevard (NYSDEC NPG)
    • Engineering work underway by EcoStrategies
  • 2022 Town of North Harmony Ball Creek Stabilization Engineering Study Phase I (NYSDEC NPG)
    • Engineering work underway by JM Davidson Engineering
  • 2023 Town of Chautauqua Chautauqua Lake Prendergast Point Starry Stonewort Control Project (NYS Invasive Species Grant Program)
    • Diver Assisted Suction Harvesting (DASH) firm, Integrated Lakes Management (ILM), selected by Town; permitting and project team coordination underway
    • This grant is part of the New York State Department of Environmental Conservation’s Invasive Species Grant Program with funding from the State’s Environmental Projection Fund.
  • 2023 Town of North Harmony Chautauqua Lake Ashville Bay Starry Stonewort Control Project (NYS Invasive Species Grant Program)
    • Diver Assisted Suction Harvesting (DASH) firm, Integrated Lakes Management (ILM), selected by Town; permitting and project team coordination underway 
    • This grant is part of the New York State Department of Environmental Conservation’s Invasive Species Grant Program with funding from the State’s Environmental Projection Fund.
  • 2023 Village of Lakewood Fairmount Avenue Constructed Wetland Project (NYSDEC WQIP)
    • NYS grant contracting expected to commence soon.
  • 2023 Chautauqua County Bemus Creek Stream Sediment and Debris Management Plan (NYSDEC NPG)
    • NYS grant contracting expected to commence soon.
  • 2023 Town of North Harmony Carpenter-Pringle Road Stream Culvert Replacement Project (NYSDEC WQIP)
    • NYS grant contracting expected to commence soon.

Additional information is available on the Alliance website Projects page and in our Annual Reports:

J. Cirbus indicated that CLP is helping to coordinate a chemical treatment of starry stonewort using a copper-based product. J. Cirbus indicated that permits will hopefully be available next week and treatment will occur shortly after that. J. Cirbus indicated that there was pushback on the planned treatment from certain parties who have opposed other herbicide treatments.

R. Perry indicated that the Alliance has a dedicated starry stonewort webpage where staff can crosslink to information on management updates. R. Perry indicated that CLP’s website has more information related to the planned starry stonewort treatment under the ‘updates’ section. R. Perry indicated that in addition to the large areas of starry stonewort growth in Ashville Bay and Prendergast Point, there are areas of growth in the South Basin where CLP is leading the chemical pilot testing efforts. R. Perry indicated that a number of different methods are being evaluated to address the invasive macroalgae.

J. Johnson asked who is responsible for the DASH management of starry stonewort and who is coordinating all of these different tests.

D. Emhardt indicated that the Town of Chautauqua and the Town of North Harmony are leading the DASH efforts, and that both Towns have contracted with a firm to perform the work. D. Emhardt indicated that both Towns are working on permitting, and that the results will be seen in the fall after DASH is completed.

J. Cirbus indicated CLP’s study was designed by Dr. Rob Richardson of North Carolina State University, and indicated it will be difficult to compare the effectiveness of different pilot tests using different methods.

D. Emhardt indicated that Twan Leenders of the CWC has been actively engaged in all methods of control so far.

R. Perry indicated that a first step is to see what the Department of Environmental Conservation will require in terms of pre and post monitoring for the permitting process. R. Perry indicated that once that is determined, additional monitoring can be considered.

J. Damore asked if T. Leenders will be comparing the effectiveness of each method of starry stonewort removal.

D. Emhardt indicated he was not sure if that was the case, but indicated that T. Leenders had been active in monitoring the effectiveness of previous pilot tests and is expected to be active in monitoring the DASH program.

V. Alliance Lake Management Committee Update

R. Perry indicated that the Lake Management Committee had a productive meeting on June 24, 2024. R. Perry thanked those who attended to discuss lake conditions and ongoing management programs.

D. Emhardt indicated that CLA and Mobitrac crews are out working. D. Emhardt indicated there appear to be significantly more plants growing this year than in 2023. D. Emhardt indicated that there was a significant algae bloom in the North Basin around July 4, 2024.

M. Berner asked if there are any scientific measurements or data that might indicate why lake conditions are worse this year.

D. Emhardt indicated that algae growth appears to become worse after heavy rain, and there was a two-inch rain event around two weeks ago, which was followed by an algae bloom.

M. Berner indicated that the lake seems less swimmable lately due to algae blooms.

D. Emhardt indicated that there have been higher temperatures and more sun this year as well. D. Emhardt indicated that there have been many heavy rain events.

J. Bowman indicated that data from The Jefferson Project indicates that anoxic conditions tend to push algal blooms, so warmer water and temperatures as well as rain can have an impact.

C. Butler indicated that the lake was virtually ice free in February.

P. Wendel indicated that normally the area averages 160-180 inches of snowfall, which we did not have this year. P. Wendel indicated that the rainfall was close to equivalent to what we would expect from snowfall.

K. O’Brien asked if this discussion was related to just algae or plants as well. K. O’Brien indicated that plant growth and unpleasant smells seemed much worse this year.

D. Emhardt indicated they were generally discussing algae when it comes to odors. D. Emhardt indicated it is also important to consider which types of plants you are talking about and the role of boat chop especially around busy times like the 4th of July.

K. O’Brien indicated that she has lived on the lake for 28 years, and that 2024 plant conditions seemed very poor. K. O’Brien indicated that her family had a jet ski that was damaged by excess weeds, and that she has never seen conditions like that near her home in Maple Springs.

D. Emhardt indicated that the Town of Chautauqua Mobitrac program is implemented to help remove excess plant growth from near-shore areas across the lake’s 42 miles of shoreline. D. Emhardt indicated that unpleasant smells in lakeside areas can be caused by algae.

J. Bowman indicated that CLA crews are trying to harvest as much plant growth as they can with the equipment that is available. J. Bowman indicated that there are many different organizations that are working on the problem.

K. O’Brien indicated that there is a desire from the public for a more coordinated whole-lake management program. K. O’Brien indicated that there should be a middle ground between different management approaches, and requested that more effort be put towards improving the lake’s conditions.

J. Cirbus indicated that there are several different types of algae in the lake, and that some of them are capable of moving up and down in the water column depending on the amount of sunlight available for photosynthesis. J. Cirbus indicated that having more nutrients in the lake is related to the negative conditions. J. Cirbus indicated that many volunteer stakeholders working with lake organizations are becoming frustrated with a lack of cooperation, and the difficulty in getting herbicide permits. J. Cirbus indicated that an overall lake manager is needed, and that harvesting cannot keep up with the levels of plant growth we are seeing.

K. O’Brien asked if more coordination between groups would make working with the DEC easier.

J. Cirbus indicated that there is a lot of pushback from certain groups and individuals when it comes to obtaining DEC permits.

P. Wendel indicated that he believes we need a lake management group to come in. P. Wendel indicated we cannot do it with harvesting only, we cannot do it with herbicides alone, it needs to be an open strategy, and we have to move along with this. P. Wendel indicated there are lake management firms that will do this type of work, and that all local stakeholders need to follow the same strategy with common support. P. Wendel indicated that this year, he thought there was agreement on how the lake would be managed but it did not occur as expected.

C. Butler asked if hiring a lake manager would have to be coupled with a lake district to ensure a reliable budget.

P. Wendel indicated that would not be necessary, as there are different funding options to consider through the Alliance, as well as potential County supplements. P. Wendel indicated that the Legislature supported $500,000 of in-lake funding in 2024, of which only a small portion has been distributed.

C. Butler asked if there is any sense of what the annual cost would be of a private company contracted to do this.

P. Chagnon made a motion to develop a request for proposals from the Alliance to request proposals from lake management firms to consider how we would move forward if we decide to go that direction. The motion was seconded by E. Barnes.

R. Perry asked if there was any further information on the scope of the RFP.

J. Cirbus asked if the Alliance would like help drafting the RFP, and that R. Richardson would likely offer his services. J. Cirbus indicated that it has been a challenge to expend existing lake management funds, due to the difficulty in obtaining DEC herbicide permits and hiring staff for CLA. J. Cirbus indicated that there is still a significant amount of funding available for lake work. J. Cirbus expressed his support for hiring a professional company to perform the work that would be held accountable for unwanted outcomes.

K. O’Brien asked why there is so much discord between lake management groups. K. O’Brien indicated that an RFP is a good idea, but indicated that there seems to be some skepticism about how that would work.

D. Champ indicated that this discussion should be held until later on in the agenda.

D. Emhardt called the seconded motion to a vote. The motion passed unanimously.

J. Johnson asked who will be responsible for drafting the RFP.

J. Bowman indicated that those details can be addressed during the Alliance’s next work session meeting.

P. Wendel indicated that regarding funding, preliminary inquiries show that lake management can be contracted with private firms in an ‘a la carte’ way. P. Wendel indicated that a big question is: what would the lake community like to have done on an annual basis?

A discussion followed of the County’s Memorandum of Understanding and how lake organizations might be encouraged to follow a consistent strategy.

VI. 2024-2025 Alliance Membership Drive Update

R. Perry indicated that staff have reached out to all Alliance Members regarding membership renewal. R. Perry indicated that any questions about the process can be relayed to him. R. Perry thanked those Members who have renewed or are considering renewal.

VII. 2024-2025 Alliance Consolidated Local Funding Program Update – Request for Applications

R. Perry indicated that a request for applications for the 2024-2025 Alliance Consolidated Local Funding Program was sent out via email on July 10, 2024. R. Perry indicated that applications are due on Thursday, September 5, 2024, at 4 p.m. R. Perry indicated that questions about the process can be directed to Alliance staff.

VIII. 2024 NYS Consolidated Funding Application (CFA) Update

R. Perry indicated that the due date for state grant applications is Wednesday, July 31, 2024, at 4 p.m. R. Perry indicated that the Alliance is happy to write letters of support for projects being pursued by Members. R. Perry indicated that Alliance staff are currently pursuing a Non-Ag Nonpoint Source Planning Grant application with the Town of North Harmony to assess a problem culvert in the Goose Creek watershed on Cedar Avenue. R. Perry indicated that he is requesting $2,182 from the Alliance-Foundation Match Fund for this project, which would provide half of the necessary cash match, with the Town providing the remaining half. R. Perry indicated that if the grant is awarded this match would leverage $43,636 in state funds to hire an engineer to perform the work.

P. Wendel made a motion authorizing the commitment of $2,182 in cash match from the Alliance-Foundation Match Fund for the Town of North Harmony Cedar Avenue Stream Culvert Assessment Project. The motion was seconded by E. Barnes. During discussion, M. Proctor clarified that the funding would be contingent on the Town of North Harmony moving forward with the application, the Town’s commitment of the other half of the local match, and the selection of the application for an award by New York State. The motion was passed unanimously.

IX. Other

No discussion occurred under this agenda item.

X. Open Floor: Member Representatives and Community Members in Attendance

D. Champ indicated that he has a background in environmental biology and a great deal of experience with the lake environment. D. Champ stressed the need for cooperation between stakeholders and how that goal is outlined in the mission statement of the Alliance. D. Champ indicated the importance of wetland environments, and indicated that unless you can compel different lake organizations to work together there won’t be progress. D. Champ indicated he does not belong to any particular organization, and indicated that the Alliance should not fund organizations that do not cooperate. D. Champ indicated that there needs to be agreement on the top management priorities.

K. O’Brien asked how lake conditions can be fixed.

D. Champ indicated that limiting nutrients is one approach, development is also an issue, and the lake is a natural system that cannot be directly controlled.

J. Shedd indicated that many of the discussions and work done within the Alliance are positive and involve cooperation and compromise. J. Shedd indicated that disagreements are important, and that in his experience there has been cooperation on in-lake and watershed work within the Alliance. J. Shedd indicated that it is important to focus on each particular issue individually, whether that be plant growth, harmful algal blooms, or watershed management. J. Shedd indicated that weather patterns are closely related to the changes we are seeing in lake conditions. J. Shedd indicated that the lake issues are caused by watershed issues. J. Shedd indicated that he would be interested in seeing a financial breakdown of the amount of funding being put towards in-lake work versus watershed work.

P. Wendel indicated that over the past five years or so, around 55% of funding was being put toward the watershed. P. Wendel indicated that over time, the Alliance has changed and it may be approaching a time to pivot.

E. Barnes indicated that Chautauqua Lake stakeholders are not the first to go through these issues related to competing interests and strategies. E. Barnes indicated she has reached out to organizations on other lakes to see how the process has worked for them.

M. Berner indicated that last summer she attended a CLP event at the Village Casino that was very informative, and that events like that where the public are engaged with information are a positive step. M. Berner indicated that many people are confused about all of the different work going on. M. Berner indicated that the sign campaign related to the wetlands issue has been effective.

P. Hubbell indicated she is a resident of Dewittville Bay, and that she disagreed with the position that this has been one of the worst years ever for lake conditions. P. Hubbell indicated that homeowners should remember that they have a personal responsibility for their own shorelines, including cleaning plant debris, limiting fertilizers, and maintaining shoreline buffers.

J. Damore indicated she has spent time working with various local lake organizations. J. Damore indicated she has volunteered with the CWC, offered to work for the CLA, and spent six months working with the CLP. J. Damore indicated that she believes there are a small group of stakeholders who are against any use of herbicides, and they use any means necessary to support that position. J. Damore indicated that CLP often has to spend time planning and responding to anti-herbicide information that is promoted by these groups and individuals.

J. Bowman indicated that she serves on the Board of Advisors of the Chautauqua-Conewango Consortium, and that the organization is not necessarily anti-herbicide. J. Bowman suggested that more information about the goals of the organization can be found on its website.

J. Damore indicated that she is also concerned that the CLP is being characterized as anti-wetlands.

J. Damore indicated that CLA press critical of ProcellaCOR had appeared on the Alliance website. J. Damore indicated that this was related to news from Minnesota, which is currently reviewing its regulations related to PFAS. J. Damore indicated that ProcellaCOR is not a PFAS forever chemical, and is not banned by Minnesota.

A discussion by members of the audience followed related to new Minnesota PFAS legislation and ProcellaCOR, including communications by and among Alliance Members, communications with local funders, and the definitions of PFAS used by different states and regulatory bodies.

J. Damore indicated that CLA continues to report tonnages of plant material harvested but that reporting acres managed would be a more useful measure. J. Damore indicated that Freedom of Information Law requests reveal the sources of anti-herbicide letters that have been sent to DEC.

J. Damore indicated that she disagreed with statements made by P. Lord of SUNY Oneonta at the Chautauqua Lake Symposium regarding interpretations related to herbicides and coontail based on plant surveys. J. Damore indicated that she has a statistics background, and she believed there were insufficient data presented to support statements that were made.

D. Emhardt indicated that some of these points seem to imply that CLA is not doing anything to help improve lake conditions.

J. Damore indicated that CLA does a good job harvesting and cleaning shorelines.

J. Cirbus indicated that certain individuals in leadership positions have a history of undermining herbicide programs.

J. Bowman indicated that individuals have a right to voice their positions on issues.

J. Damore indicated that it is important to discuss behavior that can be seen as undermining.

XI. Adjourn

P. Chagnon made a motion to adjourn the July 11, 2024 meeting. The motion was seconded by J. Johnson and was passed unanimously. The meeting adjourned at 5:45 PM.

________________________________________________________________________________________________________

The Alliance Board of Directors passed a motion to approve these 7/11/2024 Meeting Minutes on 8/8/24.