Ellicott Board Not Joining Lake Lawsuit Yet

OBSERVER Photo by Christopher Blakesle From left, Councilman Robert White, Town Supervisor Janet Bowman, Councilman Kenneth Swan, Councilman James Rensel, and Town Clerk Amy Bellardo conduct town business Tuesday at 215 S. Work St.
FALCONER – Ellicott Town Board members aren’t yet comfortable joining a lawsuit challenging the DEC’s enforcement of the state’s Freshwater Wetlands Act that took effect earlier this year.
During Tuesday’s Town Board meeting, Councilman James Rensel, Ward 1, said that he attended the Chautauqua Lake Symposium hosted recently by Chautauqua County. Rensel said he is shaking his head with questions about the implementation and administration of the Freshwater Wetlands Act.
“I have many concerns with how the DEC is implementing the wetlands regulations,” said Rensel. “In one breath, the DEC reps said don’t worry about ‘this or that,’ but what happens when they have personnel changes? You know, when people move up, then what?”
Additionally, Rensel said he was shocked to learn that the lake generated nearly $73 million in revenues for the area and created directly and indirectly 11,000 jobs. He also said that many real estate agents, boating clubs, and other concerned residents attended the meeting.
Town Supervisor Janet Bowman said that she received correspondence from Jim Wehrfritz of the Chautauqua Lake Property Owners Association (CLPOA) asking if the town would like to join the organization’s planned lawsuit challenging the DEC and NYS Wetlands Act.
Rensel said that there were too many unknowns about the DEC and the Freshwater Wetlands Act and that he felt the board needed more information to make a better-informed decision.
“We need to let the goalpost settle in first,” said Rensel. “We need more time to investigate everything. We need to learn more before we join a side, if you will.”
The board agreed with Rensel that more time was needed to investigate all aspects of the DEC and the Wetlands Act and declined to formally join the CLPOA’s litigation efforts.