Chautauqua Lake and Watershed Management Alliance

Chautauqua NY

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March 2024 Minutes

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Chautauqua Lake and Watershed Management Alliance

Minutes of the Board of Directors – Public Meeting

Thursday, March 14, 2024

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

Directors Present: Bruce Erickson, Don Emhardt, Ellen Barnes, Jim Andrews, Paul (P.J.) Wendel, Jr., Martin Proctor, Janis Bowman, JoDee Johnson, Mike LaTone (via Zoom)

Staff in Attendance: Randall Perry – Alliance Executive Director, Taylor West – Alliance Project Manager, and Jay Young – Alliance Communications Coordinator

Others in Attendance: Craig Butler, Tim Wright, Jim Wehrfritz, Maggie Lieber, Doug Champ, Don Hutchings, Mike Newell, Peggie Newell.

Member Representatives in Attendance: John Jablonski – Chautauqua Watershed Conservancy; John Ford, Doug Conroe – Chautauqua Lake Association; Dick Gunnell– Chautauqua Institution; Jim Cirbus, Frank Nicotra, Mary Hutchings, Jackie Damore – Chautauqua Lake Partnership; Dave McCoy – Chautauqua County; Jeff Molnar – Village of Bemus Point; Karen Rine – South and Center Chautauqua Lake Sewer District; Janet Bowman, Ken Swan – Town of Ellicott; Linda Swanson – Ralph C. Sheldon Foundation.

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I.  Call to Order

B. Erickson called the Board Meeting of the Chautauqua Lake and Watershed Management Alliance (Alliance) to order at 4:30 PM. A quorum of 9 out of 9 Alliance Board Members were present at the start of the meeting.

II. Approval of 2/29/2024 Board Work Session Minutes

E. Barnes made a motion to accept the minutes from the 2/29/2024 Work Session Meeting. The motion was seconded by M. Proctor and was approved unanimously.

III. Financial Report

R. Perry indicated that the meeting packet includes an updated financial summary report. R. Perry indicated that the summary includes information related to account balances, as well as grant awards made to Alliance Members.

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

IV. Projects Update

a.) Project Manager Update

T. West provided the following Project Manager updates:

  • 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 expected to continue in 2024.
  • 2021 Town of Chautauqua Roadside Swales Stabilization Project (NYSDEC WQIP)
    • Engineering by Barton and Loguidice underway. Draft design nearing completion.
  • 2022 Town of Chautauqua Stream Culvert Assessments (NYSDEC NPG)
    • Engineering RFP issued 3/12/24
  • 2022 Village of Lakewood Commercial Corridor Stormwater Engineering Study – Mall Boulevard (NYSDEC NPG)
    • Engineer selection process underway
  • 2022 Town of North Harmony Ball Creek Stabilization Engineering Study Phase II (NYSDEC NPG)
    • Engineering RFP issued 3/6/24
  • 2023 Town of Chautauqua Chautauqua Lake Prendergast Point Starry Stonewort Control Project (NYS Invasive Species Grant Program)
    • The project will use diver-assisted suction harvesting to remove the invasive species starry stonewort from an approximately 5 acre area. Work is anticipated to begin this summer/fall
    • Contract execution with NYS 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)
    • The project will use diver-assisted suction harvesting to remove the invasive species starry stonewort from an approximately 2 acre area. Work is anticipated to begin this summer/fall
    • Contract execution with NYS 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)
    • The project will rehabilitate and enhance an existing, largely non-functioning and short circuiting stormwater basin in order to capture and treat stormwater runoff from an approximately 109-acre area. The project would have the capacity to treat approximately 39,200 cubic feet of stormwater via 160 linear feet of flow channels (an increase of approximately 300% compared to existing conditions). Estimated sediment, nitrogen, and phosphorus removal efficiencies are ~60%, ~20%, and ~45% respectively.
    • Grant award has been announced. Awaiting next steps from NYS.
  • 2023 Chautauqua County Bemus Creek Stream Sediment and Debris Management Plan (NYSDEC NPG)
    • This project will assess stream conditions that contribute to flood risk and provide recommendations to reduce those risks (i.e., often through the removal of excess sediment or debris). Priority will be placed on the lower stretches of the creek that have been more prone to flooding in the past.
    • Grant award has been announced. Awaiting next steps from NYS.
  • 2023 Town of North Harmony Carpenter-Pringle Road Stream Culvert Replacement Project (NYSDEC WQIP)
    • This project will replace an existing 6-feet-wide by 55-feet-long circular steel culvert with an approximately 14-feet-wide by 55-feet-long arch culvert. The existing culvert is causing excessive erosion due to sizing and alignment issues and is in need of replacement.
    • Grant award has been announced. Awaiting next steps from NYS.

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

J. Cirbus asked T. West to repeat the nutrient reduction load estimates for the Fairmount project.

T. West indicated that estimated sediment, nitrogen, and phosphorus removal efficiencies are ~60%, ~20%, and ~45% respectively.

J. Wehrfritz asked if there are plans to try and measure actual load reductions made by the project.

T. West indicated he was not aware of any plans to measure load reductions. T. West indicated that the efficiency estimates are provided by New York State.

V. 2023-2024 Alliance Consolidated Local Funding Program Update  

R. Perry indicated that the meeting materials include a summary table of allocations secured for the Alliance Consolidated Local Funding Program. R. Perry thanked the foundations for their support and Members for their work preparing and submitting project applications. R. Perry indicated that grants awarded through this program work in concert with longer-term awards secured at the state level. R. Perry indicated that if there are any Members interested in being debriefed on the application review process, they can contact him. R. Perry indicated that the projects slated to be funded by this year’s Consolidated Local Funding Program represent a diverse slate of lake and watershed work.

B. Erickson indicated that one significant change in the 2024 Consolidated Foundation Grant budget is an allocation for Alliance operational support.

VI. May Annual Meeting

R. Perry indicated that the May Annual Meeting is scheduled for Thursday, May 9, 2024, at 4:30 PM at the Lawson Center in Bemus Point and via Zoom. R. Perry indicated that the meeting packet contains election procedures and details, which will be emailed to all Member representatives. R. Perry indicated that there are two directors with terms ending in May. R. Perry indicated that they are B. Erickson in an at-large seat and D. Emhardt in a municipal seat. R. Perry indicated that the nomination window is open, and that nominations can be sent to him via email or given in writing to Secretary J. Bowman. R. Perry indicated that a nomination is required for every candidate, even those who are incumbents. R. Perry indicated the voting period will be May 3-9, one ballot can be cast per member organization, and votes will be due no later than the start of the meeting on May 9 at 4:30 PM. R. Perry indicated that Alliance by-laws can be viewed on the website. R. Perry indicated that the Alliance membership year runs July 1, 2023 to June 30, 2024. R. Perry indicated that if a Member has changed their primary or secondary contact as listed on their membership agreement, then they can contact staff about the change before casting votes. R. Perry thanked the Members for their involvement and asked that anyone with questions reach out to him.

J. Cirbus asked if the incumbents are eligible to serve another term.

R. Perry indicated that both D. Emhardt and B. Erickson are eligible for new terms if nominated.

B. Erickson indicated that he will not be eligible to serve as Board Chair if re-elected.

J. Cirbus asked if D. Emhardt will be eligible to serve as Board Chair if re-elected.

R. Perry indicated D. Emhardt would be eligible.

K. Rine asked if the Alliance was going to make a provision for property owners to sit on the board.

R. Perry indicated that the Alliance Board structure is based on the existing by-laws of the organization.

J. Wehrfritz indicated that he thought property owners from Chautauqua Institution were a Member organization of the Alliance.

R. Perry indicated that the Chautauqua Property Owners Association was a founding Member of the Alliance but that only active Members can vote or serve on the Board.

J. Cirbus asked how many voting Members the Alliance has.

R. Perry indicated it was around 23 Members.

D. Conroe indicated that he thought a member organization could nominate someone affiliated with their organization such as a property owner.

R. Perry indicated that the bylaws require that it be an employee or a director of a member organization.

K. Rine indicated that it can be frustrating for her because she is a representative of the South and Center Chautauqua Lake Sewer District and is also a property owner, but feels she can only bring up South and Center Chautauqua Lake Sewer District issues and not those of property owners. K. Rine indicated that she feels property owners don’t have a forum to be represented.

R. Perry indicated that anyone who sits on the Board represents the Alliance as a whole regardless of Member affiliation.  

B. Erickson indicated that the Alliance Board welcomes input from all individuals. B. Erickson indicated that we are all here to work towards a better lake.

VII. Other

P. Wendel indicated that on June 2, 2024 there will be a lake symposium hosted by Chautauqua County at the Chautauqua Harbor Hotel. P. Wendel indicated that there is more information to come and indicated that they are in the process of lining up the speakers.

P. Wendel indicated that Senator Chuck Schumer and Representative Nick Langworthy have been working together to secure $500,000 in federal funding for the New Start Program on Chautauqua Lake. P. Wendel indicated that this is a significant project and a positive step.

M. Hutchings asked what those funds might be used for.

P. Wendel indicated that Chautauqua Lake was declared an aquatic ecosystem restoration project. P. Wendel indicated that the $500,000 is for a planning and analysis phase with a focus on the South Basin by the U.S. Army Corps of Engineers.

J. Jablonski asked if there is a project outline for this work.

P. Wendel indicated that the outline is being made, and that it follows the Aquatic Ecosystem Restoration theme. P. Wendel indicated that a description of the project is not available yet.

J. Jablonski, J. Cirbus and J. Wehrfritz asked for additional details regarding the June 2 Symposium, and clarification that this event is different from the conference scheduled at Chautauqua Institution for later in June.

P. Wendel indicated that the June 2 Symposium is a separate event and indicated that the County is hoping to have representatives from The Jefferson Project, SUNY Oneonta, North Carolina State University, Julie Barrett O’Neill (NYSDEC) and potentially a representative from the New York State Department of State.

M. Hutchings asked if the event was open to the public.

P. Wendel indicated that it is open to the public and is free.

D. McCoy indicated one of the things that we as a lake community know the least about is internal loading. D. McCoy indicated that the County hopes the Army Corps can take the data that is being generated by The Jefferson Project and come up with an informed decision on how to solve problems.

M. Hutchings indicated she thought that internal loading data had been collected recently.

J. Cirbus indicated that the Chautauqua Lake Partnership had funded work to collect this data with researchers from Bowling Green State University. J. Cirbus indicated that the CLP provided their nutrient sensors to The Jefferson Project and indicated that they sensors were intended to move to different locations in the lake to identify hot spots. J. Cirbus indicated that $500,000 worth of CLP’s nutrient sensors were given to The Jefferson Project in 2023 for deployments on vertical profilers. J. Cirbus indicated that he understood the vertical profilers were not moved to different locations, and that the nutrient sensors were only gathering data from two static locations. J. Cirbus indicated that CLP may need to meet with The Jefferson Project to discuss moving the platforms or sensors moving forward. J. Cirbus indicated that process is important to gather data that might be used for dredging. J. Cirbus indicated that The Jefferson Project will be performing stream monitoring moving forward, which has already been done in the past by other researchers.

J. Wehrfritz indicated that according to their report from The Jefferson Project, they are using those sensors in a different way that is being done in conjunction with their vertical profilers. J. Wehrfritz indicated that they are being used in a different way than originally intended.

J. Cirbus indicated that CLP may consider taking their nutrient sensors back and expressed an interest in talking with R. Richardson at NC State about placing the sensors.

J. Wehrfritz asked if there are any new ideas about reducing the internal nutrient load.

D. McCoy indicated that there are only so many feasible options to consider, like dredging or nutrient inactivation or other methods that might change the chemistry of the water. D. McCoy indicated that the goal is to spend the available money as efficiently as possible and to identify a cost effective solution.

D. Emhardt indicated that the Town of Chautauqua is working with the Town of Ellery and County on a project to complete municipal sewer systems between Chautauqua Lake Estates and Midway State Park. D. Emhardt indicated that the section between Galloway Road and Chautauqua Lake estates is going out to bid this month. D. Emhardt indicated that a map plan has been drafted for the section between Chautauqua Lake Estates and the Town line and indicated that that they are in the process of hiring and engineer for the section within the Town of Ellery.

P. Wendel indicated that the County allocated funding for an engineering study and indicated that they are looking at federal infrastructure funding for municipal sewer work. P. Wendel indicated that Phase 2 was successful at securing state grant funding and indicated that steps are being made in the right direction with this new phase.

VIII. Open Floor: Representatives and Community Members in Attendance

J. Cirbus indicated that in the previous Alliance Board minutes he saw an item for $5,870 for a dashboard for The Jefferson Project. J. Cirbus indicated that he has heard that The Jefferson Project is going to receive $16 million in state funds and asked for some additional information on that $16 million allocation.

P. Wendel indicated that funding is in the current draft budget, which has not been passed yet.

J. Cirbus asked how that money would be distributed between The Jefferson Project and other organizations.

P. Wendel indicated he did not have details on that. P. Wendel indicated that The Jefferson Project’s goals include finishing a smart lake model by 2025, and creating a global freshwater research center base locally. P. Wendel indicated that he does not have any additional information on how exactly the $16 million will be spent.

K. Rine asked about the feasibility of dredging if new state wetlands regulations are applied to the South Basin.

P. Wendel indicated that lakeside mayors and town supervisors and other stakeholders recently met with DEC staff. P. Wendel indicated that despite new regulations, activities previously performed in the lake are expected to be allowed moving forward. P. Wendel indicated that DEC is creating new maps of state regulated wetlands, and that it is important to communicate dialogue from the local meeting to the public.

F. Nicotra indicated that wetlands criteria have changed, and that might mean that certain management actions may require an Article 24 Freshwater Wetlands permit.

B. Erickson indicated that in the past there are protected areas where the CLA does not perform harvesting, and that those determinations are made by the DEC.

J. Cirbus indicated that as an example, wetland buffer zones are going to be expanded. J. Cirbus indicated that this could mean that South Basin marinas are located in wetland buffer zones in the future, which could impede management. J. Cirbus indicated that there are new questions related to expanded buffers, fish zones, Article 24 permits, and the possible need for new supplemental environmental impact studies. J. Cirbus indicated his support for having a statewide carve-out for freshwater lakes in this new wetlands legislation. J. Cirbus indicated that CLP is in dialogue with Glenn Sullivan of Ready Scout about this issue.

P. Wendel indicated he agreed with the concern for freshwater lakes.

J. Jablonski indicated that there are past examples of DEC wetland designations not being properly enforced, such as when part of Arnold’s Bay was filled in. J. Jablonski expressed his support for protecting and preserving existing wetlands.

D. Champ indicated that it is important for stakeholders to understand the ecology of wetland environments, how they function, and the plants and animals they support. D. Champ suggested the Alliance try and further that understanding. D. Champ indicated that it is important for management programs to have an implementation and reinvestment plan, metrics for measuring success, and clearly outlined future goals.

J. Damore shared photos of Burtis Bay and other areas around the lake and indicated that Burtis Bay does not look like a wetland. J. Damore indicated that the state has already harmed property values during the course of rolling out its new wetlands legislation. J. Damore indicated that South Basin property owners are extremely concerned, and indicated that this legislation may encourage the sedimentation of the South Basin rather than projects that make it more usable. J. Damore indicated her support for local pushback against this legislation, and asked for support from any Alliance Members who are in dialogue with the DEC. J. Damore indicated that these new regulations could be applied to the littoral zone of any freshwater lake.

J. Cirbus indicated he agreed with D. Champ about the need for better understanding of wetland ecosystems. J. Cirbus indicated that the state is in the process of changing existing definitions.

M. Hutchings said that one concern is that the state could designate new wetlands during this process without ever seeing locations in person. M. Hutchings indicated she thought DEC was currently working with Cornell University to complete the mapping.

J. Wehrfritz indicated that there are not specifics regarding aquatic plant densities determining the class of wetlands.

J. Cirbus indicated that G. Sullivan will be giving a public presentation on the wetlands issue on Saturday morning at 10:00 AM at The Lawson Center.

F. Nicotra indicated that there is a distinction between fish habitat areas and fish exclusion zones, and that CLP has worked with DEC on these issues in the process of herbicide permitting.

J. Jablonski indicated that there is a new Chautauqua Watershed Conservancy ‘Shed Sheet available for anyone interested.

P. Wendel indicated that there are free eclipse glasses from the County available to take.

IX. Adjourn

E. Barnes made a motion to adjourn the March 14, 2024 meeting. The motion was seconded by D. Emhardt and was passed unanimously. The meeting adjourned at 5:29 PM.

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The Alliance Board of Directors passed a motion to approve these 3/14/2024 Meeting Minutes on 4/11/24.