Chautauqua Lake and Watershed Management Alliance

Chautauqua NY

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March 2021 Minutes

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Chautauqua Lake and Watershed Management Alliance

Minutes of the Board of Directors – Public Meeting

Thursday, March 11, 2021

4:30 p.m. via ZOOM

Directors Present: Pierre Chagnon, Ted McCague, Mike Jabot, Bruce Erickson, Jim Andrews, David Shepherd, Rob Yates, Mike Latone, and Paul (P.J.) Wendel, Jr.

Directors Absent: None

Staff in Attendance: Randall Perry – Alliance Executive Director and Taylor West – Alliance Project Manager.

Others in Attendance: Tory Irgang – Chautauqua Region Community Foundation (CRCF); John Ford; Tom Erlandson; and Paul Stage.

Member Representatives in Attendance: Dr. Jim Cirbus – Chautauqua Lake Partnership (CLP); Jim Wehrfritz – Town of Ellery; Bill Ward and Dave McCoy – County of Chautauqua; Pat McLaughlin – Town of Ellicott; Scott Schrecengost – Village of Celoron; John Shedd – Chautauqua Institution; and Doug Conroe and Debbie Moore – Chautauqua Lake Association (CLA).

I. Call to Order

P. Chagnon called the Board Meeting of the Chautauqua Lake and Watershed Management Alliance (Alliance) to order at 4:31 PM. A quorum of 9 out of 9 Alliance Board Members were present at the start of the meeting.

 II. Approval of 2/11/2021 Minutes

B. Erickson made a motion to accept the minutes from the 2/11/2021 Work Session Board Meeting. The motion was seconded by T. McCague and was approved unanimously.

III. Projects Update

T. West gave a summary of the following Alliance Projects to the group.

  • 2015 County Round 12 Water Quality Improvement Project (WQIP) Grants – Streambank Stabilizations:
    • Dutch Hollow Creek & West Dutch Hollow Creek:
      • Phase I construction complete at Dutch Hollow Creek Main Stem (2018)
      • Phase I construction complete at West Dutch Hollow Creek (2018-2019)
      • Design & permitting work by Bergmann is underway at nearby section of Dutch Hollow Creek (Phase II); design/permitting ca. Summer 2020 to Spring 2021; and construction ca. Summer 2021
      • Submission of Joint Permit Application to NYS DEC and U.S. Army Corps of Engineers completed (ca. late 2020)
      • Preparation of bid documents in progress (anticipated Bid advertisement ca. Spring 2021).
  • 2018-2020 Invasive Species Early Detection – Volunteer Task Force
    • Water Chestnut (>100 plants) found/removed in Chautauqua Lake Outlet in July-August 2020
    • Collaborative efforts among RTPI, ACNC, CWC, Alliance, and Volunteers – thank you to all who participated.
    • Contact RTPI (Jonathan Townsend) and/or Alliance (Taylor West) to get involved for 2021
    • To help observe/report on your own, please sign up for iMapInvasives: www.imapinvasives.org/
  • 2018 Lakewood Chautauqua Avenue Green Street Retrofit (NYSEFC GIGP)
    • Village issued Invitation for Bids on 10/8/20; bid opening was conducted on 11/10/20
    • Village awarded the construction contract to Kingsview Enterprises (Lakewood NY)
    • Engineering/inspection by Barton & Loguidice; and in-kind work by Village DPW; Construction tentatively scheduled ca. Spring to Summer 2021
  • 2018 Busti Precision Swales Stabilization (NYSDEC WQIP)
    • Construction underway by Rock of WNY (EcoStrategies engineering/inspection & Town Highway performing in-kind work); construction planned from Fall 2020 to ca. Spring/Summer 2021
  • 2018 Skimming Capital Equipment (NYSDEC WQIP)
    • County bid awarded to Alpha Boats; order fulfillment underway with significant COVID-19 delays (tentative delivery ca. April 2021)
  • List of Alliance-partnered NYS grants that have been closed out:
    • 2015 NYS Invasive Species Management Grant (C. Young Senate Initiative), closed ca. Apr 2019
    • 2016 Lakewood-Busti Stormwater Mgmt. Engineering Study (DEC/EFC EPG), closed ca. Jan 2019
    • 2013 Celoron Breakwall & Boardwalk LWRP Phase I Grant, closed ca. Sep 2018
    • 2016 Celoron Breakwall & Boardwalk LWRP Phase II-III Grant, closed ca. Aug 2019
    • 2017 Mayville-Chautauqua Stormwater Mgmt. Engineering Study (DEC/EFC EPG), closed ca. Feb 2020
    • 2015 County Round 12 WQIP Streambank Stabilization Projects at Ball, Bemus, Goose, and Prendergast Creeks, closed ca. Oct 2020
    • 2017 Celoron Park Improvement (Amenities Building) LWRP Phase IV Grant, closed ca. Mar 2021

IV. Alliance Committee Updates

a.) Alliance Lake Management Committee Update

R. Perry indicated that the Committee held a productive meeting on 2/8/21 where a lot of information was shared. R. Perry indicated that the Committee is looking to meet again sometime in April once work plans begin to solidify. R. Perry thanked the members of the Committee for attending February’s meeting.

b.) Alliance Watershed Management Committee Update

R. Perry indicated that the Alliance hopes to schedule a Committee meeting sometime in March or April. R. Perry indicated that the Alliance has not heard anything on potential 2021 NYS Consolidated Funding Applications (CFAs). R. Perry indicated that the Alliance has not heard back from the State regarding the County’s 2020 GIGP application.

c.) Alliance Data Analysis and Research (DAR) Committee Update

R. Perry indicated that the Alliance DAR Committee has been very active lately. R. Perry indicated that the Committee just completed a Scientific Data Summary Template that would be used to summarize Alliance-supported research to help inform the Board and Community.

M. Jabot thanked the Board for supporting the new Template and Committee Charter. M. Jabot thanked the Lake Management Committee for their recommendation to hold a joint Board and DAR Committee meeting to listen to a presentation from J. Johnson regarding the findings of Bowling Green State University’s 2020 Chautauqua Lake research. M. Jabot indicated that the Committee would be meeting soon to discuss next steps and thanked the Board for their support.

V. 2021 Alliance Consolidated Foundation Grants Update

R. Perry indicated that the award letters had been sent out by the Alliance via email and standard mail. R. Perry indicated that the Alliance is working on getting grant agreements out. R. Perry indicated that the grant agreements are at various stages of completion. R. Perry indicated that the Alliance is turning payments around according to the terms of each grant as quickly as they can. R. Perry indicated that the Alliance is in the process of drafting the remaining grant agreements and encouraged members who have questions regarding the status of their award to reach out to him directly. R. Perry thanked the Sheldon Foundation, The Lenna Foundation, and the Chautauqua Region Community Foundation for their generosity and for allowing the Alliance to disburse payments to the grantees in an expedient fashion.

J. Wehrfritz indicated that he has not seen Ellery’s herbicide treatment grant agreement. J. Wehrfritz asked if the grantees have to comply with the 2019 MOA or the potential 2021 MOU.

R. Perry indicated that the grantees will need to comply with the most current version of the Chautauqua Lake Weed Management Consensus Strategy in order to receive funding.

J. Wehrfritz asked if there would be any evaluation of the individual grantee’s compliance with the MOA in 2019 and 2020 as the Alliance considers awarding funding in 2021. J. Wehrfritz indicated that some of the tenets in the 2019 MOA may not have been implemented and indicated that he feels organizations have violated MOA tenets.

P. Chagnon indicated that this question is better left to the County.

J. Wehrfritz asked who is signing the agreements.

P. Chagnon indicated that the commitment of grant funding for 2021 is complete. P. Chagnon indicated that the grant awards have been issued.

J. Wehrfritz asked if the Alliance monitors whether or not the grantees follow the tenets of MOA and the terms of their grant agreements.

P. Chagnon indicated that the Alliance has been sensitive to the fact that members are following the terms of their grant agreements. P. Chagnon indicated that member compliance was taken into consideration when the awards were made for 2021.

J. Wehrfritz indicated that he feels the evaluation of member compliance has not been visible and felt that a portion of the MOA tenets have not yet been fully implemented.

J. Cirbus indicated that he feels the CLA’s correspondence with the NYS DEC expressing concerns with the municipal herbicide treatment permit applications is a violation of the MOA. J. Cirbus asked why the CLA keeps receiving funding. J. Cirbus indicated that he does not support the draft tenets of the new MOU as they are currently written. J. Cirbus asked who is enforcing the MOA.

P. Wendel asked J. Cirbus what he would like done about the perceived violations of the MOA.

J. Cirbus indicated that he would like CLA’s funding to be pulled for 2021. J. Cirbus indicated that he feels the CLA and the Chautauqua Institution undermine the CLP’s attempts to treat the invasive weeds in the lake with herbicides.

P. Wendel indicated that he has met with the CLA and Chautauqua Institution.

J. Wehrfritz asked if the two organizations have talked to the NYS DEC to rescind their comments. J. Wehrfritz indicated that the 2019 MOA indicates that the signatories are going to commit to work collaboratively to achieve the weed management consensus tenets in the 2019 MOA. J. Wehrfritz indicated that a large number of the tenets are associated with herbicides.

B. Erickson indicated that micro picking terms out of the MOA does not contribute to working together.

J. Cirbus indicated that he feels the CLA is blatantly obstructing the CLP’s efforts to treat the lake with herbicides. J. Cirbus indicated that he feels the CLP has followed every applicable tenet to the letter. J. Cirbus questioned the timing and effectiveness of the GPS program for accurately logging and reflecting CLA harvesting activities.

S. Schrecengost indicated that his Clerk has received correspondences from the CLA opposing herbicide treatments. S. Schrecengost indicated that he feels the CLA should be sanctioned in some way for their perceived opposition to herbicide treatments.

J. Shedd indicated that he feels the Alliance should not entertain comments from the Town of Ellery, as they did not sign the MOA. J. Shedd indicated that the Chautauqua Institution is against broad herbicide applications. J. Shedd indicated that the Institution would support targeted responsible applications of herbicides. J. Shedd indicated that the Institution would likely respond differently if the CLP and Town of Ellery did not try to treat north of Long Point State Park.

J. Cirbus indicated that ProcellaCOR does not have any water use restrictions. J. Cirbus indicated that the CLP goes by the book when it comes to herbicide applications and treatments. J. Cirbus indicated that he feels others should not try and obstruct the process.

J. Wehrfritz indicated that the Town of Ellery is a member of the Alliance, whose funding agreements are tied to the MOA. J. Wehrfritz indicated that MOA tenet W requires the County and the Institution to conduct a feasibility study aimed at providing drinking water sources other than drawing from Chautauqua Lake. J. Wehrfritz indicated that no one knows if this study has ever been conducted. J. Wehrfritz indicated that the Town of Chautauqua just approved a plan for the Institution to supply water not just to its residents, but to a new subdivision with 55 homes. J. Wehrfritz indicated that he feels that little is being done to identify an alternative water source.

J. Shedd indicated that the Institution has been participating in the conversations surrounding bringing water from the Jamestown Board of Public Utilities (BPU) to the Institution. J. Shedd indicated that the Chautauqua Utility District is not Chautauqua Institution, but indicated that the Chautauqua Utility District is planning on providing water to this new subdivision outside of the Institution. J. Shedd indicated that the Chautauqua Institution is advancing conversations to bring a secondary water supply from the BPU to the Institution.

J. Wehrfritz asked if a feasibility study has been initiated.

J. Shedd indicated that the Institution has not initiated a feasibility study and indicated that others may be leading that effort.

R. Yates indicated that the Town of North Harmony has been working with Clark Patterson Lee to study the feasibility of bringing water from the BPU to through the Town of North Harmony, Town of Chautauqua, and Village of Mayville up to Dewittville.

J. Wehrfritz asked if there was a documented scope of the study.

R. Yates indicated that there is a document that will be available once it is finalized.

J. Wehrfritz indicated that the Town of Chautauqua, who is a signatory of the MOA, approved a plan to supply this new development with water from Chautauqua Lake.

J. Shedd asked what is wrong with supplying fresh clean water from Chautauqua Lake to a development that’s not part of the institution.

J. Wehrfritz indicated that the action is inconsistent with the MOA tenet, which is focused on alternatives to lake water.

J. Shedd indicated that Chautauqua Institution does not intend on eliminating Chautauqua Lake as their primary drinking water source. J. Shedd indicated that a potential water line from the BPU to the institution would act as a secondary water source.

J. Wehrfritz indicated that he feels this contradicts the MOA tenet and encouraged J. Shedd to read the document.

J. Wehrfritz asked the Alliance what they are doing to make sure organizations follow the MOA tenets and asked the Alliance what they are doing to the organizations who do not follow the MOA tenets.

P.Chagnon indicated that he personally appreciates the Foundations generous support to help Chautauqua Lake. P. Chagnon indicated that the local Foundations have made a decision to direct their lake-related funding through the Alliance. P. Chagnon indicated that they certainly have many other community needs that are calling for their support and funding and indicated that he would appreciate it if the Alliance Members came directly to the Alliance regarding requests for additional funding. P. Chagnon indicated that the Alliance would direct those requests to the Foundations as it is a more respectful approach.

VI. May Annual Meeting, Board Election, and Membership Drive

R. Perry indicated that everyone who is listed as a member contact would get an email from T. West tomorrow that will give details surrounding the May Annual Meeting and Board Elections. R. Perry indicated that the May meeting will include the annual election and would be held on May 13, 2021 at 4:30 PM via Zoom. R. Perry indicated that the nomination window for Board seats is now open. R. Perry indicated that this window will be open until May 6, 2021. R. Perry indicated that nominations must be in writing and can be emailed to him. R. Perry indicated that nominations once received will be put on file with the Alliance Board. R. Perry indicated that there is one municipal seat open this year, which is restricted to elected Town and Village officials. R. Perry indicated that there are two at-large seats up for election. R. Perry indicated that the member voting form won’t be finalized and sent out until after the voting window has closed and the Board’s Governance Committee has met to create a recommended slate. R. Perry indicated that a ballot won’t be sent out until May 7, 2021. R. Perry indicated that members will have about a week to complete ballots. R. Perry indicated that each member may only submit one (1) ballot, which must be submitted to the Alliance by May 13, 2021 via email, mail, or in-person. R. Perry indicated that this information would be provided via email. R. Perry indicated that a roster of Alliance primary and secondary contacts will also be sent to the Alliance members as part of this email. R. Perry indicated that the membership drive is expected to commence in the spring or early summer for the next round of membership, which would commence on 7/1/21 and run through 6/30/22.

P. McLaughlin indicated that the Town of Ellicott, Town of Busti, Town of Ellery, Village of Bemus Point, Village of Lakewood, and the Village of Celoron met at the Town of Ellicott on 3/11/21 at 9:00 AM. P. McLaughlin indicated that the municipalities reached a consensus to not sign the newly proposed MOU. P. McLaughlin indicated that the municipalities would like to meet with R. Perry to discuss their decision.

P. Chagnon thanked P. McLaughlin for sharing that information and indicated that he is confused why they would like to meet with R. Perry regarding the MOU. P. Chagnon indicated that the MOU is a County document.

P. McLaughlin indicated that they would like to meet with P. Chagnon and P. Wendel to discuss their decision.

P. Chagnon indicated that he and P. Wendel would talk and consider P. McLaughlin’s invitation.

VII. Other

J. Wehrfritz on behalf of the Town of Ellery and Ellicott indicated that they submitted two RFAs for optimized coordinated herbicides and harvesting and shoreline cleanup programs. J. Wehrfritz indicated that they learned in November that their RFAs were not going to be funded. J. Wehrfritz indicated that he received the MCA scores for their applications and found excessive variation between and within scoring groups. J. Wehrfritz indicated that one RFA scored a 0 and 9 on the same criteria. J. Wehrfritz indicated that they feel the scorers are not trained on the scoring criteria and feels that there should be more communication between scorers. J. Wehrfritz indicated that he feels the Alliance does not have adequate quality control measures in place to remedy these concerns. J. Wehrfritz indicated that the grant applicants are disappointed in the Alliance staff and management for not engaging the DAR Committee to look into their concerns. J. Wehrfritz indicated that the DAR Committee membership is comprised of competent professionals, some of whom are statistical process control experts. J. Wehrfritz indicated that the DAR Committee should look into this data quality and process problem.

P. Chagnon thanked J. Wehrfritz for his comments and indicated that the Towns of Ellery and Ellicott and the Village of Celoron and Bemus Point made these concerns known to the Alliance. P. Chagnon indicated that R. Perry met with the Town of Ellery and their consultant J. Wehrfritz. P. Chagnon indicated that further requests for information and consideration were provided to the Alliance, which were discussed at the Alliance Board work session on 2/11/21. P. Chagnon indicated that a letter was sent on 2/16/21 to the Ellery Town Supervisor explaining the Board’s discussion and position on the matter. P. Chagnon indicated that these concerns have been heard by the Alliance Board and have not been ignored.

R. Perry indicated that on Saturday April 10, 2021 at 9:30 AM the Alliance will be working with Chautauqua Lake researchers to put on another Chautauqua Lake Water Quality Research Panel. R. Perry indicated that this would take place digitally on the Chautauqua Institution’s Virtual Porch. R. Perry indicated that the Alliance would be sending out a save the date flyer in the near future to our email list and will put the information up on the website as well. R. Perry indicated that the Alliance is excited to have much of the same group back together as well as some additional researchers that are coming in to do research on Chautauqua Lake. R. Perry indicated that attendees will likely hear reports on the work that was accomplished in 2020 as well as plans for 2021. R. Perry indicated that this event would be free and open to the public and hopes many can attend. R. Perry indicated that the recording of the Panel is expected to be posted for those who can not attend. R. Perry indicated that this would be a good and informative event for those who attend to kick off the 2021 season and get updated on all of the research that has been and will be occurring on Chautauqua Lake.

P. Chagnon indicated that this is a fabulous opportunity for Alliance members and the Community to get a firsthand look at the research that’s going on, the data that’s being generated, and the learning that’s happening. P. Chagnon indicated that the research that has been happening over the last couple years and that will be happening in 2021 is far beyond what we’ve seen on this lake in decades previously.

J. Wehrfritz asked if the topics and presenters were finalized for the workshop.

R. Perry indicated that the presenters have but the topics are still being finalized by the presenters.

J. Wehrfritz asked if that could be shared with the Alliance members.

R. Perry indicated that the principles will be from The Jefferson Project at Lake George, Bowling Green State University, State University of New York (SUNY) at Fredonia, and SUNY Oneonta. R. Perry indicated that the Alliance would put together an updated flyer once the talks and programs are finalized.

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

J. Cirbus asked if the Alliance is planning on discussing the new proposed MOU.

P. Chagnon indicated that the MOU is a County document and County initiative that the Alliance would not be addressing at this meeting.

J. Wehrfritz asked why the Alliance was not interviewed by WSP as part of the MOU drafting process.

P. Chagnon indicated that the stakeholders that were interviewed in 2021 were similar to those that were interviewed in 2019.

J. Wehrfritz asked why the Alliance did not provide input into the MOU.

P. Wendel indicated that the input and feelings of the Alliance are generally brought up in Board discussions as the County Executive sits on the Alliance’s Board.

P. Chagnon indicated that the people that were interviewed are all members of the Alliance.

J. Wehrfritz indicated that he believes that the Alliance’s input might have come through either P. Wendel or V. Horrigan. J. Wehrfritz indicated that he was surprised that the Alliance was not treated just like other signatories.

J. Cirbus indicated that he feels this forum would be the appropriate place to discuss the new MOU. J. Cirbus indicated that he doesn’t care about the MOU because he does not feel that it is worth it. J. Cirbus indicated that the CLP feels that the MOU is not worth the time, effort, or money because they feel it won’t be enforced. J. Cirbus indicated that the CLP will not be signing the MOU regardless of whether or not it changes. J. Cirbus indicated that if the CLP does not get funding because they won’t sign the MOU, then they won’t be joining the Alliance.

P. Wendel indicated that the information and feedback from the stakeholders has not been brought to the County’s attention and reviewed yet. P. Wendel indicated that this information will be discussed according to the plan. P. Wendel indicated that this information would then be sent out to work on a compromise. P. Wendel indicated that as the information is generated from the stakeholders, it could be put to use. P. Wendel indicated that he feels a MOU is the right thing to do moving forward and indicated that compromise has to happen and may take time. P. Wendel indicated that he is committed to making this work.

J. Wehrfritz asked if the County is going to stand behind the document if P. Wendel does not get reelected.

P. Wendel indicated that the document would continue on even if he does not get reelected.

J. Cirbus indicated that he feels the draft MOU is watered down, biased against herbicides, and is not science-based. J. Cirbus indicated that he feels the Alliance wrote the document, not the County. J. Cirbus indicated that the CLP will not be signing the MOU no matter what.

P. Chagnon thanked J. Cirbus for his comments.

B. Ward thanked the Alliance for hosting another Water Quality Research Panel. B. Ward indicated that the researchers have the credentials to move things forward. B. Ward indicated that he is encouraged by the work that the Alliance has done. B. Ward indicated that he is disappointed the wholesale dismissal of the MOU by certain groups.

P. Chagnon thanked B. Ward for his comments.

D. McCoy indicated that the MOA is an agreement to come together for the common good of Chautauqua Lake. D. McCoy indicated that everyone should try to find a way to make this work.

B. Erickson indicated that the Alliance is caught in the middle of a split issue. B. Erickson indicated that he feels the Alliance’s primary mission is to provide funding for its members. B. Erickson indicated that the NYS DEC’s permitting decisions are not an Alliance issue and encouraged those who have grievances with the NYS DEC’s decisions to bring them to the DEC.

M. Latone indicated that people have to agree to disagree. M. Latone indicated that this a 13,000 acre lake and indicated that people are making a big deal when the CLP applies to the NYS DEC to treat ~500 acres. M. Latone indicated that the Alliance needs to manage better and be more transparent. M. Latone indicated that he feels the MOU is an agreement against herbicides. M. Latone indicated that he feels the lake is mismanaged by multiple parties.

S. Schrecengost indicated that while he acknowledges that NYS DEC makes the final decisions on herbicides, he feels that the CLA’s and CWC’s opposition to herbicides makes it easy for the NYS DEC to not permit herbicides. S. Schrecengost indicated that herbicides are needed in the lake and indicated that all the tools in the toolbox are needed to control this lake.

M. Latone indicated that ~$28,000,000 is coming from the federal government and feels half of it should go into the lake.

J. Wehrfritz indicated that the Alliance decided to fund harvesting to the tune of 3-3.5 times more than herbicides. J. Wehrfritz indicated that the funding decisions were made six months prior to the NYS DEC making permitting decisions.

B. Erickson indicated that the CLA’s primary mission is shoreline cleanup, not harvesting. B. Erickson indicated that the CLA is not against herbicides and indicated that they should be used in certain problematic areas rather than blanketed treatments. B. Erickson indicated that the NYS DEC drove the CLA out of the herbicide application business.

J. Cirbus indicated that the NYS DEC controls the herbicide treatment process and is very strict. J. Cirbus asked why a MOU is needed when the NYS DEC’s permitting process is so strict. J. Cirbus indicated that the NYS DEC put the CLA out of the herbicide business and is going to do the same to the CLP if they keep having these issues. J. Cirbus indicated that the CLP is working too hard to get this done for the entire lake. J. Cirbus indicated that herbicides are going to save the lake. J. Cirbus asked the group why individuals and organizations don’t trust the NYS DEC to do what is right.

P. Chagnon indicated that he appreciates the respectful dialogue that is now occurring.

IX. Adjourn

B.Erickson made a motion to adjourn the March 11, 2021 Board meeting. The motion was seconded by M. Latone and was passed unanimously. The meeting adjourned at 5:39 PM.