FREDONIA, N.Y. — Water has been top of mind for the Village of Fredonia for years.
They've dealt with high bacteria levels and cloudy water coming from their tap and for the first time in December, it appeared the village had a plan to address the issues for the long run.
That plan is being challenged, however, by five village residents who on Friday served the village a lawsuit.
The plaintiffs, Richard Clark, Kara Christina a former board member, Athanasia Landis a former Fredonia Mayor, Andrew Ludwig, and Gladys Sedota are seeking to void the resolution voted on by the board 3-2 on December 26, 2023.
The resolution would decommission the Fredonia Water Treatment Plant, draw down the village reservoir, and permanently interconnect the village water supply with the City of Dunkirk.
The lawsuit requests that a judge issue a preliminary injunction and temporarily stop the plan from being acted upon. They also claim that the resolution was passed in violation of New York State Environmental Conservation Law because a State Environmental Quality Review (SEQR) was not conducted.
The plan was one of several voted on by the board. An outside engineering firm, LaBella Associates had presented several options to the board - all slight variations of each other.
That decision has divided residents in the village. Some of them don’t want to give up the village reservoir, gravity-fed system, and the revenue the village gets from selling the water to the Town of Pomfret.
A group called 'Save Our Reservoir' is opposed to paying millions to connect to a new water system. They believe fixing and maintaining the current Fredonia water treatment plant and reservoir is the best course of action.
Others have told 2 On Your Side they feel after constant issues at the village plant and boil water orders sometimes lasting weeks new consideration is what’s needed.
A Chautauqua County Judge will hear arguments on both sides of this issue at a hearing set for February 21 at 10:00 a.m. in Mayville.
At a January 31 board workshop meeting the following statement in response to the lawsuit was read:
"The village is aware that a petition has been filed in Chautauqua County Supreme Court against the village board. Although the village has not been served the petition to this day we understand that it is demanding that the board's December resolution regarding the plan of the village water plant and future water source be voided.
"Late last year, the village was notified by the Chautauqua County Department of Health of the results of the sanitary survey, which included a number of violations and deficiencies in the village water system, some of which were ongoing and significant deficiencies dating back to 2008. The health department advised the village there were immediate violations that needed to be resolved in future actions that would have to be considered.
"Those future actions included bringing the village water plant to full compliance or pursuing connecting to another source. In response to the survey and the necessity of immediately addressing the violations noted by the Department of Health. The village took action to protect the health of its residents and the mayor declared a state of emergency to aid in addressing the issues.
"The village hired LaBella associates to complete a preliminary water system evaluation for the residents to explore the feasibility and cost-effectiveness of available options to provide residents with reliable, high-quality drinking water for years to come. That evaluation was completed in November 2003 and the village shared a redacted version with the public on December 8, 2023. The village then held a public forum on December 18, 2023, which included a presentation by LaBella along with a question and answer session where the public submitted questions to the board of trustees and LaBella.
"The board then held meetings on December 22, 2023, and December 26, 2023, to discuss and formulate a proposal for which future actions we consider to explore to address the village's water plant and future water source. The board passed a resolution on December 26, 2023, with this proposed action to create and implement a plan to interconnect with an alternate source of water and eventually decommission the water plant. Privilege was required to notify the health department whether it is pursuing connecting to an alternate source of water or engaging in repairing and upgrading the existing treatment plant and reservoir no later than December 29, 2023.
"It met that deadline and avoided additional fines and potential fights. Petitioners clearly disagree with the village board's decision and future action. The petition is simply an attempt to thwart the village's process and address the violations and deficiencies filed by the county. The petitioners are a group of individuals who advocated for one of the other options proposed by LaBella that did not receive a majority vote by the board. Their attempts to stall the process will only negatively impact the village's work in addressing the violations and deficiencies related to its water supply.
"The village's resources will now be strained in order to defend this petition and avoid potential fines and violations from the county. The petition is also premature. There are no requirements under the state Environmental Quality Review Act that had to be met at this initial stage of the evaluation process. The village will continue to pursue the next steps and undoubtedly and thoughtfully consider its proposed action including all requirements under SEQR, which we mentioned was the state Environmental Quality Review Act, and all applicable federal, state, and local laws.
"The village will also continue to address concerns and deficiencies related to its water source. The village will continue to work collaboratively with our engineers, the County Health Department, and the public to ensure a safe and reliable water supply is available for all."