Chautauqua Lake and Watershed Management Alliance

Chautauqua NY

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November 2024 Minutes

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Chautauqua Lake and Watershed Management Alliance

Minutes of the Board of Directors – Public Meeting

Thursday, November 14, 2024

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

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

Directors Absent: Pierre Chagnon, Martin Proctor

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

Member Representatives in Attendance: Debbie Moore, Bruce Erickson, and Doug Conroe– Chautauqua Lake Association; Dave McCoy – County of Chautauqua; Frank Nicotra and Jackie Damore – Chautauqua Lake Partnership; John Shedd and Claire Johnson Baker – Chautauqua Institution; Twan Leenders, Whitney Gleason, Becky Nystrom and John Jablonski – Chautauqua Watershed Conservancy; Mike Pfeil and Louise Ortman – Town of North Harmony; J. Molnar – Village of Bemus Point.

Others in Attendance: Craig Butler; Jane Conroe – Chautauqua Conewango Consortium; Linda Swanson – Ralph C. Sheldon Foundation; Cassie Pinkoski – Chautauqua County Soil & Water Conservation District; Kathy O’Brien, Jim Wehrfritz, and Tammy Schack – Chautauqua Lake Property Owners Association.

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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 4:30 PM. A quorum of 7 out of 9 Alliance Board Members were present at the start of the meeting.

II. Approval of 10/10/2024 Board Work Session Minutes

J. Andrews made a motion to accept the minutes from the 10/10/2024 Work Session Meeting. The motion was seconded by M. LaTone and was approved unanimously.

III. Financial Report

a.) Monthly Summary Report

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

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

b.) Audit Committee – 2023 Annual Audit and Return

D. Emhardt indicated that the Audit Committee met with the Alliance’s auditor from Saxton Kocur and Associates, and that the 2023 Audit and Form 990 have been prepared and shared with the Board.

P. Wendel made a motion to accept the 2023 audit and submit the Form 990 to New York State. The motion was seconded by E. Barnes 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 & management concluded for 2024.
  • 2021 Village of Lakewood Grandview Stormwater Management Project (NYSDEC WQIP)
    • Majority of construction completed in 2023. Punchlist retirement underway.
  • 2021 Town of North Harmony Ball Creek Stabilization Project (NYSDEC WQIP)
    • Majority of construction completed in 2023. Additional minor work may occur in 2024. 
  • 2021 Town of Chautauqua Roadside Swales Stabilization Project (NYSDEC WQIP)
    • Engineering by Barton & Loguidice underway; Design of all sites nearing completion; Materials acquisition in progress; Construction underway by Town Highway Department; Hydroseeding provided by Soil & Water Conservation District
  • 2022 Town of Chautauqua Stream Culvert Assessments (NYSDEC NPG)
    • Engineering work underway by EcoStrategies; Target completion end of 2024
  • 2022 Village of Lakewood Commercial Corridor Stormwater Engineering Study – Mall Boulevard (NYSDEC NPG)
    • Engineering work underway by EcoStrategies; Target completion end of 2024
  • 2022 Town of North Harmony Ball Creek Stabilization Engineering Study Phase I (NYSDEC NPG)
    • Engineering work underway by JM Davidson Engineering; Target completion end of 2024
  • 2023 Town of Chautauqua Chautauqua Lake Prendergast Point Starry Stonewort Control Project (NYS Invasive Species Grant Program)
    • Permits received from DEC in Oct 2024; baseline plant surveys and mapping completed by CWC; based on weather, site conditions, crew safety, and other factors, DASH will be started in 2025.
    • This grant is part of the NYS 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)
    • Permit received from DEC in Oct 2024; baseline plant surveys and mapping completed by CWC; based on weather, site conditions, crew safety, and other factors, DASH will be started in 2025.
    • This grant is part of the NYS 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 underway.
  • 2023 Chautauqua County Bemus Creek Stream Sediment and Debris Management Plan (NYSDEC NPG)
    • NYS grant contracting underway.
  • 2023 Town of North Harmony Carpenter-Pringle Road Stream Culvert Replacement Project (NYSDEC WQIP)
    • NYS grant contracting underway.

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

R. Perry indicated that the Town of Chautauqua’s Roadside Swales Stabilization project began construction in October. R. Perry indicated that construction work is being done by the Town’s Highway Department, which will be used as match to leverage the state grant funds. R. Perry indicated that construction started along Haight Road and Burdick Road, and that the meeting packet includes photos of recent construction. R. Perry indicated that the Chautauqua County Soil & Water Conservation District has been doing hydroseeding in some of the project areas, and that Barton & Loguidice as well as Ecostrategies have been serving as engineers on the project. R. Perry thanked D. Emhardt, Highway Superintendent Terry Sanden, and Clerk Rebecca Luba for all of their work on the project.

V. 2024-2025 Alliance Consolidated Local Funding Program Update

R. Perry thanked all those who submitted applications for the 2024-2025 Consolidated Local Funding Program. R. Perry indicated that 16 applications were received, totaling about $2.2 million in requests from Alliance members for 2025 projects and programs. R. Perry indicated applications were submitted involving 12 Alliance Members, and that the application breakdown included around 85% of submissions for in-lake maintenance, 10% for other in-lake applications, and 6% for watershed applications. R. Perry indicated that the Alliance Board approved an $800,000 consolidated funding request to the local foundations in October, and that funding allocations for the program from the foundations should be finalized in February of 2025. R. Perry indicated that grant awards for member programs will be made by the Alliance Board after funds are secured from the foundations.   

VI. Other

No discussion occurred under this agenda item.

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

J. Wehrfritz indicated that 6 of the 9 Alliance Board members have publicly opposed the implementation of New York State’s new wetland regulations, as individuals or as part of other boards or organizations, and that a seventh has sponsored the County Legislature’s request for a delay in the implementation of the regulations. J. Wehrfritz asked if an official position has been taken by the Board, and if not, asked if the Board would propose a motion to oppose the regulations.

D. Emhardt indicated that the Alliance Board primarily allocates funding for local lake and watershed programs, and does not typically take positions on matters such as this.

E. Barnes indicated that the implementation of the new regulations may play a role in how funds can be allocated in the future.

J. Wehrfritz indicated that the new regulations will play a role in how funds can be allocated. J. Wehrfritz encouraged those interested to read the new regulations.

E. Barnes indicated that the goal of the Alliance is to improve the condition of the lake. E. Barnes indicated that if the regulations change what work can be done, the lake may become less usable.

W. Gleason indicated that unless the Alliance chooses to change the way it funds member work, it can continue to fund contingent on permitting regardless of what the new regulations are.

E. Barnes asked if the new wetlands regulations will change the positions of the foundations that fund the Alliance Consolidated Program.

M. LaTone indicated that he saw no reason why the Alliance Board could not support the County Legislature’s request for a delay in the implementation of the new regulations.

J. Wehrfritz indicated that the County Legislature’s request reads as follows: “request the governor delay implementation of the regulations until all issues and ramifications are understood and fully addressed.”

M. LaTone made a motion to support the request made by the County of Chautauqua Legislature on October 23, 2024, to Governor Hochul to delay the implementation of the new proposed NYSDEC wetland regulations until all issues can be fully understood and addressed. The motion was seconded by P. Wendel. The motion carried with six ayes (D. Emhardt, J. Andrews, J. Johnson, E. Barnes, M. LaTone, P. Wendel), one nay (J. Bowman).

J. Johnson indicated that a recent news story addressed the possibility of the Chautauqua Lake Association, Chautauqua Watershed Conservancy, and the Chautauqua Conewango Consortium merging organizations or collaborating more closely. J. Johnson asked how that might change the local funding picture and possibly present opportunities for improving efficiency.

D. Emhardt indicated that a potential merger or change related to those three organizations would likely take effect in 2026.

J. Bowman indicated that is correct, and that the organizations are in the process of exploring options.

P. Wendel indicated that the primary funding distinction will remain the same, which is in-lake work vs. out-of-lake work.

J. Johnson indicated that if an organizational change is a year away then the discussion can likely be postponed.

J. Wehrfritz indicated that in 2023 the Alliance Board allocated $25,000 to fund the creation of North Carolina State University’s ‘Long-Term Management Plan For Submersed Aquatic Vegetation At Chautauqua Lake, NY (2024-2028)’. J. Wehrfritz indicated that plan was completed in 2024, and that he finds it to be an excellent document. J. Wehrfritz asked if the plan has been adopted by the Alliance Board, and if not, what steps are being taken on the issue.

E. Barnes agreed that the plan is a good document, and indicated her support for adopting the document.

M. LaTone indicated that the document is open to edits and improvements, and that it was paid for by the Alliance via a grant to the Chautauqua Lake Partnership.

W. Gleason indicated that she saw no problem with CLP sponsoring the plan, and indicated that she would like to see input solicited from Alliance Member organizations before there is any formal adoption of the document by the Alliance itself.

C. Pinkoski asked if the document is available.

R. Perry indicated that the document is available on the Alliance website under the ‘Lake Data/Surveys’ page.

J. Bowman indicated that she would like to see opportunity for Alliance Members to review the document and give feedback.

K. O’Brien indicated that at a recent Alliance Public meeting, there was discussion of how local property owners can participate in the Alliance. K. O’Brien indicated that there needs to be more input from residents on lake and watershed management.

F. Nicotra indicated that the NC State 5-Year plan is not solely an herbicide management plan, and that it was drafted after discussions with and recommendations from NYSDEC. F. Nicotra indicated that NC State is a highly recognized lake research and management organization, and not a pro-herbicide organization. F. Nicotra indicated he does not like attempts to diminish the credibility of the program.

K. O’Brien indicated that she has recently reviewed many lake and watershed studies, many of which are quite similar. K. O’Brien indicated that the NC State plan seems to be one of the only documents with management suggestions.

J. Jablonski indicated he supports holding an event in January, hosted by the County Executive, so that the public and Alliance Members can discuss the document. J. Jablonski indicated that currently the 5-Year Plan does not include input from all stakeholders.

C. Pinkoski indicated that the structure of the plan appears to include useful general information, and that perhaps it could be updated in response to new plant surveys or other information.

M. LaTone indicated that it was designed to be a living document.

C. Pinkoski indicated that the plan is structured through 2028, but it can be updated before then.

T. Schack asked when the document was commissioned.

R. Perry indicated that the NC State plan was funded in 2023 and completed in 2024.

T. Schack asked how long it would take to develop a new plan, and why stakeholder input on the current plan has not taken place.

P. Wendel indicated that the Alliance has a Data Analysis and Research Committee that can be engaged to review the plan, and indicated he did not think it would be appropriate for the County to host an event to review the document.

A member of the audience indicated their main concern is ecosystem and human health, not usability of the lake. They supported holding a January forum to review the document and indicated they are very concerned about the use of chemicals in the lake.

D. Conroe indicated that there are currently two County-supported plans in place informing lake maintenance, and indicated that the Alliance is not a government body and is not in a position to adopt documents for anyone other than itself. D. Conroe indicated that the plan was authored by NC State unilaterally without stakeholder input, and that the Alliance Board has not solicited stakeholder input. D. Conroe indicated that NYSDEC is not holding up permits due to a lack of a lake management plan.

J. Wehrfritz asked how D. Conroe knows NYSDEC is not holding up permits due to lack of a lake management plan. J. Wehrfritz asked what the steps would be to adopt the plan, how feedback will be solicited from stakeholders, and how the plan will be implemented.

J. Bowman indicated that funding the plan was a good use of resources, and that it is not always entirely clear how documents like this 5-Year Plan will be used.

W. Gleason indicated that Alliance Members include lakewide municipalities, which means that lakeside property owners do have representation in the Alliance.

J. Wehrfritz asked what steps are needed to adopt the document.

B. Nystrom indicated that the Data Analysis and Research Committee has not been engaged by the Board in years. B. Nystrom indicated that she does not think the plan is perfect, and that there should be a better process for review and solicitation of input from stakeholders. B. Nystrom indicated that NC State represents the position of a single organization which is being funded by a single Alliance Member.

K. O’Brien indicated that many of the lake studies are redundant.

D. Emhardt asked why there is a need to adopt the plan, as the Alliance has not done that in the past and does not adopt yearly plant surveys, as an example.

J. Wehrfritz indicated that the Alliance mission statement references implementing the Macrophyte Management Strategy and the Watershed Management Plan.

J. Bowman indicated she has attempted to engage the DAR Committee on issues related to this without success, and she would not support adopting the plan before there is review and stakeholder input.

E. Barnes made a motion to accept the North Carolina State University prepared “Long-Term Management Plan For Submersed Aquatic Vegetation At Chautauqua Lake, NY (2024-2028).” The motion was seconded by M. LaTone.

J. Andrews indicated he would prefer to table the motion until the December Work Session, in order to get more input. J. Andrews made a motion to table the prior motion. The motion was seconded by J. Bowman.

J. Wehrfritz asked what will be done in the meantime regarding the adoption of the 5-Year Plan.

J. Andrews indicated that the Board will discuss next steps.

The motion to table was carried unanimously.

J. DaMore asked about the status of the Alliance potentially seeking the services of a lake management consultant.

D. Emhardt indicated that the Board is still discussing that issue.

B. Erickson indicated that a new transport was delivered to CLA this week, replacing a very aged machine. B. Erickson indicated this is a positive development.

J. Wehrfritz indicated that the Alliance first began discussion potentially seeking the services of a lake management consultant in July. J. Wehrfritz asked what the status of that process was regarding a request for proposals.

D. Emhardt indicated that a schedule has not been finalized for that process yet.

VIII. Adjourn

M. LaTone made a motion to adjourn the November 14, 2024 meeting. The motion was seconded by E. Barnes and was passed unanimously. The meeting adjourned at 5:25 PM.

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The Alliance Board of Directors passed a motion to approve these 11/14/2024 Meeting Minutes on 12/12/2024.