Chautauqua Lake and Watershed Management Alliance
Minutes of the Board of Directors – Public Meeting
Thursday, May 9, 2024
4:30 p.m. at The Lawson Center, 73 Lakeside Drive, Bemus Point, NY 14712 & via Zoom
Directors Present: Jo Dee Johnson (Zoom), Janis Bowman, Don Emhardt, Ellen Barnes, Martin Proctor, Jim Andrews
Directors Absent: Paul Wendel Jr., Bruce Erickson, Mike LaTone
Staff in Attendance: Randall Perry – Alliance Executive Director, Taylor West – Alliance Project Manager, and Jay Young – Alliance Communications Coordinator
Others in Attendance: Craig Butler; Jim Wehrfritz; Cassie Pinkoski – Chautauqua County Soil & Water Conservation District; Doug Champ.
Member Representatives in Attendance: John Jablonski – Chautauqua Watershed Conservancy (CWC); John Ford and Doug Conroe– Chautauqua Lake Association; Dave McCoy – County of Chautauqua; Louise Ortman – Town of North Harmony; Jeff Molnar– Village of Bemus Point; Jim Cirbus and Frank Nicotra – Chautauqua Lake Partnership; John Shedd – Chautauqua Institution
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I. Call to Order
D. Emhardt called the Board Meeting of the Chautauqua Lake and Watershed Management Alliance (Alliance) to order at 5:09 PM. A quorum of 6 out of 9 Alliance Board Members were present at the start of the meeting.
II. Approval of 4/11/2024 Board Work Session Minutes
E. Barnes made a motion to accept the minutes from the 4/11/2024 Work Session Meeting. The motion was seconded by J. Andrews 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 report gives an update on the balances of Alliance held accounts and grants that were paid and received in the month of April.
J. Andrews made a motion to accept the financial report as presented. The motion was seconded by E. Barnes and was approved unanimously.
IV. Projects Update
T. West indicated that construction of Lakewood’s Grandview Project is expected to start again soon after pausing for the winter. T. West indicated that construction on the original scope of work for the Ball Creek Stabilization project was completed in the fall. T. West indicated that there are unexpended funds for that project that are expected to be used for further construction. T. West indicated that engineer Barton & Loguidice is progressing the design for the Chautauqua Swales Stabilization project, and that construction is expected to begin this year. T. West indicated EcoStrategies Engineering and Surveying has been selected as the engineer to perform the Town of Chautauqua’s Stream Culvert Assessment project. T. West indicated that the Town of North Harmony and Village of Lakewood are in the process of selecting their engineering firms for the respective Ball Creek Engineering Study and Mall Boulevard Engineering Study. T. West indicated that the contracting process is underway for both the Town of Chautauqua and Town of North Harmony invasive species grants. T. West indicated that Alliance-partnered Water Quality Improvement Program grants are waiting for the state contracting process to begin. T. West indicated that the County Legislature recently accepted its Bemus Creek Sediment and Debris Management Plan grant, and is waiting for the state to begin the contracting process.
T. West provided the following other Project Manager updates 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 expected to continue in 2024.
- Click here for more information about this program: https://www.chautauquawatershed.org/aquatic
- To help observe/report on your own, please sign up for iMapInvasives: www.imapinvasives.org/
- 2021 Village of Lakewood Grandview Stormwater Management Project (NYSDEC WQIP)
- Construction has concluded for the winter. Additional construction planned for spring/summer 2024.
- Link to Press Release: https://chqgov.com/parks-and-trails/news/stormwater-project-reduce-flooding-lakewood-ny
- 2021 Town of North Harmony Ball Creek Stabilization Project (NYSDEC WQIP)
- Majority of construction completed in October. Additional work planned for spring/summer 2024.
- Link to Ball Creek Project Page: http://www.chautauquaalliance.org/tributary-spotlight/
- 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)
- Town Board selected engineering firm EcoStrategies Engineering and Surveying PLLC to perform the work
- 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)
- Engineer selection process underway
- 2023 Town of Chautauqua Chautauqua Lake Prendergast Point Starry Stonewort Control Project (NYS Invasive Species Grant Program)
- 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)
- 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)
- Grant award has been announced. Awaiting next steps from NYS.
- 2023 Chautauqua County Bemus Creek Stream Sediment and Debris Management Plan (NYSDEC NPG)
- County accepted the grant at their April Legislature meeting. Awaiting next steps from NYS.
- 2023 Town of North Harmony Carpenter-Pringle Road Stream Culvert Replacement Project (NYSDEC WQIP)
- 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:
- Projects Page: http://www.chautauquaalliance.org/projects/
- Annual Reports: http://www.chautauquaalliance.org/annual-reports/
J. Cirbus asked about a shed with pipes that are entering Bemus Creek.
T. West indicated that is one of the tributary monitoring stations built by Chautauqua Institution and The Jefferson Project, and that other stations can be seen by the Mayville Department of Public Works building as well as on Prendergast Creek.
R. Perry indicated there are six tributary stations and a seventh on the Chadakoin outlet to measure flow.
J. Cirbus asked what the stations are monitoring.
R. Perry indicated that the stations have in-place sondes which measure things like pH, dissolved oxygen, and temperature. R. Perry indicated the stations can also measure stage and which can be used to calculate discharge, and also have the ability to draw samples from the creek on command remotely which can be collected for further nutrient analysis. R. Perry indicated the stations also have a weather station and collect soil moisture information.
J. Wehrfritz asked who is monitoring and maintain the stations.
J. Shedd indicated Stantec Engineering is operating and maintaining them.
J. Wehrfritz asked who is funding the work.
J. Shedd indicated the Sheldon Foundation funded the stream stations.
J. Wehrfritz asked if they funded the operation and maintenance as well as construction.
J. Shedd indicated that The Jefferson Project will collect data from the stations.
J. Wehrfritz asked who is funding the operations.
J. Shedd indicated Chautauqua Institution is funding that.
J. Young indicated the Alliance will be releasing press about the stations and the recent unveiling event at the Mud Creek station.
C. Pinkoski indicated that more press would be good, as there is some public confusion about what the stations are.
T. West gave a presentation covering the use of satellite imagery to track streambank erosion over time. T. West indicated that the Ball Creek Tri-James bend has lost ~13,820 square feet of bank between 2008 and 2021, which is ~5,000 cubic yards of sediment lost at a rate of ~384 cubic yards per year. T. West indicated that the Ball Creek WQIP stabilization is intended to reduce this significant erosion, as well as perform biofiltration.
V. 2024-2025 Membership Drive Update
R. Perry indicated that the new membership year runs from July 1, 2024 to June 30, 2025. R. Perry indicated that the Alliance will soon begin its membership drive, and thanked the current Alliance Member organizations for their participation. R. Perry indicated that materials with information about the drive will be sent out via email in June. R. Perry indicated he is happy to share additional information or meet with prospective member organizations during the drive. R. Perry indicated there are 31 founding Alliance Members and 22 current Members.
C. Butler asked about the criteria needed for membership, and the pool of potential member organizations.
R. Perry indicated that he could contact C. Butler with clarifications on membership eligibility.
C. Butler indicated that he is interested to know if there are any eligible organizations who have not previously joined the Alliance.
VI. Other
No discussion occurred under this agenda item.
VII. Open Floor
J. Shedd indicated many have noticed signs being placed around the lake stating “Keep The Lake A Lake.” J. Shedd asked about who is organizing this campaign, its potential impact on property values, recent statements made in The Post-Journal about the campaign, and the Alliance’s position on related issues. J. Shedd asked about the objectives of the campaign or what actions it is intended to encourage. J. Shedd asked about the impact of the campaign on property values, and the potential for lakefront properties to change in value due to new wetlands regulation. J. Shedd indicated he felt that the signs and comments in the newspaper were the only things negatively impacting property values right now.
D. Emhardt indicated he has not seen property values near his lakefront home decrease, and indicated that he is not aware of that happening in the past in significant ways. D. Emhardt indicated that the lakeside municipalities have met with DEC officials, and have been told that the lake will remain a lake. D. Emhardt indicated that the lake does not qualify totally as a wetland.
J. Cirbus indicated that only 3,500 acres of the lake qualifies as a wetland.
J. Shedd indicated that he has seen statements made by J. Wehrfritz about the wetlands regulations and asked if he could elaborate on those.
J. Wehrfritz indicated he would be happy to sit down with J. Shedd to discuss this, and indicated that discussing the details in the present meeting would take too long. J. Wehrfritz indicated that a public meeting of an hour-and-a-half was recently held on this issue. J. Wehrfritz advised reading the draft wetlands regulations.
E. Barnes indicated she has read the draft regulations, and that after doing so the positions and concerns of different stakeholders start to fall into place. E. Barnes indicated that DEC Region 9 Director Julie Barrett O’Neill made comments about the wetland characteristics of the South Basin at the 2023 Chautauqua Institution Lake Conference which sparked concern. E. Barnes also advised reading the draft regulations, as well as the 1975 Freshlands Wetlands Act and the 2022 amendment.
J. Shedd indicated that when he spoke with J. Barrett O’Neill she indicated that the state was expanding its wetlands regulations in a similar way to federal wetlands regulations. J. Shedd indicated he was unsure of what the impact of the new wetlands regulations might be apart from some lake maintenance activities, J. Shedd asked if standard activities like putting out docks might be affected.
J. Wehrfritz indicated that there is a reference in the draft regulations stating that anything which impacts a regulated wetland can be restricted. J. Wehrfritz indicated that some examples are given.
C. Pinkoski indicated that Soil and Water gets questions about this topic, and that there is a grey area in knowing what the impact will be, even among some DEC staff. C. Pinkoski indicated that there has to be some grey area as the regulations will be implemented statewide, and that contribute to different interpretations.
J. Wehrfritz indicated there have been four meetings with J. Barrett O’Neill, three of which he attended, where she indicated that more areas in Chautauqua Lake were going to be designated as wetlands through the amendment to the 2022 wetlands law. J. Wehrfritz indicated that he has focused on the proposed regulations released in December. J. Wehrfritz indicated there are 11 criteria that can be used to designate a wetland, and indicated they are extremely broad. J. Wehrfritz indicated that based on information from J. Barrett O’Neill, the regulations will be redrafted after the public comment period and there will be a local hearing on the issue before the regulations are finalized on January 1. J. Wehrfritz indicated he could offer charts used for his recent meeting explaining the criteria.
J. Shedd asked about examples of restrictions.
J. Wehrfritz indicated that anything which impacts a regulated wetland could be restricted, with examples including construction of buildings, roadways, septic systems, bulkheads, dikes or dams; placement of fill, excavation or grading; modification/expansion/or extensive restoration or existing structures; drainage except for agriculture; and application of pesticides. J. Wehrfritz indicated that the 11 criteria can apply to the whole lake and all the shoreline around it. J. Wehrfritz indicated that the objective of the draft regulations and the 2022 amendment is to regulate an additional 1 million acres across the state. J. Wehrfritz indicated that the state believes there are currently 1 million acres of unregulated wetlands, so they have created criteria that will allow for the regulation of the 1 million acres.
J. Cirbus indicated that there is a lot of confusion on the issue. J. Cirbus indicated that a key issue is the 500-foot waterfront buffer in the regulations. J. Cirbus indicated that based on the proposed regulations if there are any plants in the water in front of Chautauqua Institution you will not be able to build, sell, mow your lawn, fix your garden, within 500 feet of the waterfront.
J. Jablonski indicated it was false that you would not be able to do those things.
J. Cirbus indicated that you would need a permit to do those things, and indicated he recently spoke with the new DEC commissioner Sean Mahar. J. Cirbus indicated that the revised regulations will be coming out in the next three to four weeks. J. Cirbus indicated that S. Mahar has agreed to share those as well as visit the area to discuss the topic. J. Cirbus indicated that J. Shedd needs to read the regulations. J. Cirbus indicated that right now Burtis Bay is the least likely area to be declared a wetland due to a lack of plant growth, J. Cirbus indicated that most of the plants are in the North Basin by Mayville, and that there is a lot of information currently on CLP’s website related to this. J. Cirbus indicated that this is a serious concern, and indicated that P. Wendel and state senator George Borrello are looking at ways to exempt lakes of a certain size from these regulations. J. Cirbus indicated that S. Mahar agrees the regulations could have a negative impact on the lake, and that S. Mahar indicated that exemption is on the table.
E. Barnes indicated that there is a YouTube video of a meeting between local officials and DEC officials that is a source of information on this topic. E. Barnes indicated no one knows how these regulations will be implemented as of yet.
J. Cirbus indicated that the grey areas are intentional to avoid litigation against the state. J. Cirbus indicated that in order to perform an addition on a lakeside home you will need State Environmental Quality Review and multiple permits.
J. Bowman indicated she recently spoke with a realtor who shared their opinion that the signs were causing negative impacts. J. Bowman indicated that when prospective homebuyers visit the area, the signs can scare them away. J. Bowman indicated that there are better ways to campaign on this issue.
F. Nicotra asked if J. Bowman was saying that a sign which says “Keep The Lake A Lake” is sending a message that will stop people or cause people to hesitate to buy property.
J. Bowman indicated that was what the realtor she spoke with thought and she agreed that the impact was negative.
A discussion followed regarding the possible impacts of wetlands designations on property values.
D. Champ indicated that local communities play an important role in how regulations are implemented. D. Champ indicated that understanding the impacts of regulations and the impacts of human actions on the lake is important. D. Champ indicated that J. Cirbus was correct in his suggestion that the community should not wait for change to happen, and should be proactive. D. Champ expressed his support for the Alliance digesting the relevant information and conveying it to the community in order to play an important role in the proceedings.
J. Shedd indicated he was not taking a position on the issue in one way or the other, and indicated that these discussions should be civil and not involve personal insults. J. Shedd indicated he brought up the topic to discuss the Alliance’s position on the issue and the campaign signs.
E. Barnes indicated there have been conversations about a possible exemption for lakes, and indicated that right now there is an increase in public awareness of this issue.
F. Nicotra indicated that the signs were put up via a grassroots movement to raise awareness.
J. Cirbus indicated that the CLP has been distributing the signs to raise awareness, and CLP will be hosting a rally at the Village Casino on May 25. J. Cirbus indicated that the public is up-in-arms about the issue. J. Cirbus encouraged stakeholders to visit CLP’s website for more information. J. Cirbus indicated that there are two CLP Board members who work in real estate, and indicated that the campaign signs were suggested by one of those Board members. J. Cirbus indicated those CLP Board members believe that these regulations could harm property values.
J. Bowman indicated not all realtors agree with that.
E. Barnes indicated she believes that the regulations could have a significant impact, including on activities like plant harvesting.
J. Cirbus indicated you cannot harvest within a regulated wetland, or within 500 feet of one.
D. Champ asked if the Alliance has a map of DEC wetlands.
T. West indicated that the DEC makes those available online.
C. Pinkoski indicated that the maps will become informational only once the new regulations go into effect. C. Pinkoski indicated that it may be a useful exercise for the Alliance to solicit feedback from its Members about how the regulations would impact them, and then those positions could be shared with DEC so that the positions of stakeholders are coming from a single entity.
E. Barnes indicated her support for that.
D. Champ asked how these changes might impact the work of The Jefferson Project.
J. Shedd indicated that he was unsure, and doubted if they would impact that work.
J. Jablonski indicated that the state has a poor track record of protecting wetlands and shorelines, and that the new regulations should be viewed as a positive and step in the right direction. J. Jablonski cited examples of development and building in and around wetland areas around Ellery and near Burtis Bay that have had negative impacts. J. Jablonski indicated these regulations would help prevent these types of issues, and indicated that the state has not done a good job of enforcing existing regulations on private homeowners.
D. Emhardt indicated he has not seen large amounts of plant growth in the North Basin, and that the water clarity has been good.
D. Conroe indicated that in addition to its financial reports, the Alliance ought to consider making a budget document available at meetings.
D. Emhardt indicated that topic can be discussed at the June work session.
D. Champ indicated that it may be a good idea for individual Alliance Member organizations to present at the July public meeting on the potential impacts of the wetlands regulations. D. Champ indicated this might improve attendance.
VIII. Adjourn
J. Andrews made a motion to adjourn the May 9, 2024 meeting. The motion was seconded by E. Barnes and was passed unanimously. The meeting adjourned at 6:02 PM.
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The Alliance Board of Directors passed a motion to approve these 5/9/2024 Meeting Minutes on 6/13/24.