Niagara Group of the Sierra Club Minutes for the Meeting of June 26, 2001

Prior to the regular business meeting, the membership viewed a Sierra Club video on the preservation of wilderness areas, introduced by Vice Chair Jane Jontz.

After that, tapes of the recent Nature View protest at Amherst Municipal Bldg., in which several Niagara Group members participated, and coverage of the protest by the three local TV stations, were shown. The protest was to persuade the Amherst Town Board to drop its lawsuit to rescind a previously granted conservation easement on Nature View.

The Meeting was called to order by Chair Mike Kukla at 7:37 PM.

Members present:

• Mike Kukla
• Jane Jontz
• Jim Hufnagel
• Larry Beahan
• Jim Bunn
• Charles Lamb
• Paul Maine
• Frank Mendel
• Ray Gang
• Murray Warner
• Betty Withrow
• Ginger Ursitti
• Dorothy Martinelli
• Cathy Walls
• Dr. Snyder
• Natalie Bulera
• Liz Kaszubski
• Russ Luke
• Art Klein.

Natureview protest

Larry Beahan reported on the Nature View protest detailed above. He described Nature View as a 1200 acre area of forest and wetland in Amherst between Campbell Blvd. and Sweet Home Rd. Previously, the Western New York Land Conservancy had negotiated and obtained a conservation easement on Nature View, but a new Town board was voted in and sued to reverse the easement. Larry continued that at the 6/18 board meeting, at which the protest took place, Amherst Town Council members Bill Kindell and Dan Ward cast the only votes to terminate the town's lawsuit, therefore the town voted to continue litigation 5-2. Long-time Nature View activist and Niagara Group member Robbyn Drake was prominently featured in an Amherst Bee photograph holding a protest sign, and the clipping was passed around. Amherst Quality of Life, a local environmental group, also held a press conference at the protest. Legal Chair Richard Lippes is the attorney for WNYLC in the suit. Kindell and Ward are party to the suit. It was suggested that we focus on Council members Brewer and Woodward at re-election time, who voted against the Nature View easement. Russ Luke asked if they were both Republicans, and Larry responded yes. It was observed that Amherst Supervisor Susan Grelick (a Democrat) voted with the majority to cancel the conservation easement and expose Nature View to development.

 

New Webmaster

Mike Kukla announced that Secretary Jim Hufnagel will be the new web master in charge of updating the Niagara Group web site.

 

Treasurer's Report

Treasurer Murray Warner reported that there is $1417.17 in the Niagara Group treasury. There have been no recent transactions but the Trailblazer is an upcoming expense. $684 from the Chapter is the only income received this year. It was also reported that Membership Chair Gen Robins has spent $675.62 for the new membership program. Hosting Diane D'Arrigo was also a major expense of the past year. Mike Kukla asked when the Chapter reimburses us. Murray responded twice a year, and that the monies come from the National
Sierra Club.

 

Newsletter Report

Mike informed the membership that Trailblazer Editor Joe DeMare has sent the issue to the printer and it should be done by the end of the week and we will need to set up a mailing party within a week. New members will be put on the listserv so that they can be invited to the mailing party. Mike said that Sierra Club membership overall has increased by about 100,000, and Russ Luke attributed the increase to the present occupant of the White House.

 

Pataki's Renewable Energy Announcement

Chairman Kukla discussed the recent energy conservation policies adopted by the Pataki administration. By 2010 the state is slated to derive 20% of its energy from renewable sources. Mike pointed out that we are lucky in that we can now follow this issue from its inception. He motioned that we send Governor Pataki a resolution thanking him for this initiative.

Motion - Mike Kukla
Second - Jane Jontz
The motion passed unanimously.

Jane asked if Niagara Group could endorse Governor Pataki in next year's election. Mike answered that that is the Chapter's responsibility.

Mike will write the resolution and will send it pending final membership approval. Russ Luke pointed out that the Governor is looking for issues like this prior to next year's election. Mike added that nationally renowned energy expert and Niagara Group member Walter Simpson has been invited to participate on Attorney General Elliot Spitzer's task force on energy. Walter is working with the Chapter and Chapter Legislative Director John Stouffer and will function in future communications with the Governor and legislators.

Larry Beahan asked Mike Kukla for the highlights of the energy initiative. Mike summarized with the following:

Increased spending on efficiency measures and increased effectiveness of the programs.

Jane inquired as to what programs. Mike responded:

Increased energy derived from green sources, increased portfolio, increased state energy, decreased exit fees (which Larry Beahan pointed out go towards the cost of old power plants). Larry also requested that the resolution advocate for further conservation measures.

 

Council of Great Lakes Governors Meeting/Annex 2001

Natalie Bulera reported on the Council of Great Lakes Governors recently held in Niagara Falls. Five of eight Great Lakes governors were in attendance, including: Gov. Tom Ridge, PA, Gov. George Pataki, NY, Gov. John Engler, MI, Gov. Scott McCallum, WI, Gov. Bob Taft, OH. Not in attendance were Gov. Jesse Ventura, MN, Gov. George Ryan, IL, and Gov. Frank O'Bannon, IN. All three absent governors did sign the agreement prior to the June 18th meeting. Also in attendance were Paul Cellucci, US Ambassador to Canada and Michael Kergin, Ambassador of Canada to the US. Ontario Premier Mike Harris and Quebec Premier Bernard Landry also attended.

Unfortunately, non-indigenous species was not a major issue but it was noted by Gov. Ridge to be one of the pressing problems facing the Great Lakes that would be addressed by discussions and negotiations over the next 3 years.
A major determination of the meeting is that the member provinces and states will determine the destiny of the Great Lakes water according to a resource based standard, not the federal government. Larry Beahan pointed out that this means no water will be exported. The Group briefly discussed the meeting that took place last December at the UB Center for Tomorrow on Annex 2001, and Mike asked about the de minimis provision. Natalie answered that the de minimis provision has happily been removed from the agreement, and as discussed, further implications for diversions of the basin water must be negotiated and implemented over the next 3 years.

Paul Maine asked if the agreement wasn't a "Trojan Horse" in that international law might supersede any agreement formed by the Council. Jim Hufnagel asked if NAFTA could cause the agreement to fail and Natalie responded that it remains to be seen. Frank Mendel persisted with the Group's general scepticism when he questioned why we (the Great Lake states, Ontario, Quebec) have the right to say what happens to Great Lakes water. Art responded that a number of treaties are in place which would prevent any one of the Great Lakes members from unilaterally withdrawing water. He suggested that we ask Richard his opinion on this issue. Frank asked if the issue weren't similar to wilderness protection, and Mike replied that jurisdiction over the Great Lakes is different from that of say, a National Forest. Natalie asked Richard for his comments, and he replied that water withdrawal is extremely difficult and has nearly always been denied.

Natalie further indicated that she and the Niagara Group should continue to look to Reg Gilbert of Great Lakes United, as they are the experts on the water laws and the Great Lakes agreement/language.

Natalie distributed brochures announcing the WOW! Wonder of Wetlands workshop to train wetlands educators on July 23 and 24 cofunded by the US Fish and Wildlife Service. It will be hosted by the Center for Great Lakes Environmental Education and is open to anyone interested in facilitator training to teach others about wetlands. Natalie also invited her fellow Sierrans to the Fleet Water Fest on the waterfront to be held August 4 and 5. Friends of the Buffalo River will participate. Natalie will keep the membership posted on these events via the listserv and encourages the Niagara Group to have a booth at the event! Natalie also told us about the Solar Splash boat race held on Hoyt lake in Buffalo last month, at which boats were powered solely by capturing solar radiation.

 

Millenium Project

In a related Great Lakes issue, Natalie reported on the Millenium project to lay a pressurized gas pipeline under Lake Erie. She passed around a GLU resolution opposing the pipeline intended for the attention of FERC, which has not been sent yet. Larry Beahan and Natalie have in fact met with Jen Nalbone and Maria Maybee of Great Lakes United on this issue. GLU would like Niagara Group to pass a similar resolution. It was brought up that Riverkeepers are carefully monitoring the Hudson crossing of the same pipeline. Natalie suggested that we use their methods to at least ensure that if constructed, the Millennium pipeline would be built in a sound and environmentally safe manner, and read an excerpt from an article describing the Columbia Gas (which is the sponsor of Millennium) Line A-5 explosion in the southern tier of New York State in August 1993, which destroyed a home. The proposed Millennium pipeline is three times larger and contains twice the pressure of CG Line A-5.

She went on to describe other potential hazards of a pipeline, such as leaks.

Jane Jontz said that we are not all in agreement on this, Art for one may have an alternative view. Natalie continued that the trench may be an environmental hazard. Mike Kukla said safeguards are needed. Jane asked if the pipeline could be above land. Art Klein said exhaustive research has been done on the logistics of such a project. Larry asked whether this was new technology and if we know what the outcome may be. Art said that the sediments don't change appreciably and there are thousands of miles of gas pipeline under the oceans. Natalie countered that there is mercury and PCB's in the sediments. Russ Luke observed that we still do not seem in agreement, and that he has personal experience with gas explosions, which he described as very disastrous. By general agreement, Natalie Bulera will chair a committee with Art Klein and write a resolution for next month's meeting. Larry Beahan suggested we get in touch with the Hudson Group.

 

Proposed Expansion of Buffalo Zoo into Delaware Park 

Richard gave a brief history of Delaware Park which he described as the jewel of the Olmstead system and the only park on the National Register. Many environmental groups are opposed to zoo expansion into the Park. He proposed that the Niagara Group pass a resolution opposing encroachment. Frank Mendel asked, what if the zoo cannot get accreditation. Richard responded that expansion is not necessarily the answer, facilities upgrade is. Jim Hufnagel recalled that the zoo was to be moved to the waterfront a couple of years ago, Richard said that was also a bad idea. Larry Beahan moved that Richard write a resolution, Jane seconded. Jim voiced his opposition to zoos and any endorsement of zoos in a resolution. All ayes, motion passed.

 

Proposed Chemical Waste Management, Inc. Expansion

Charles Lamb discussed the Chemical Waste Management, Inc. problem in the Town of Porter in Niagara County. Charles told the Group that the EPA rates CWM as the second biggest polluter in the state. Presently, 220 trucks an hour arrive at the CWM site to dump toxic waste. CWM does not want to close as required by the established schedule so they have applied to the Town of Porter for rezoning so that more toxic waste can be stored beyond the 10 year horizon now in effect. The storage site is located near the Niagara River, Lake Ontario, LewPort schools and an earthquake fault. There is a citizens' group named ROLE in Lewiston mobilizing to fight the rezoning but it appears to be an uphill struggle since the town board is in favor. One town board member, however, says supermajority may be in effect. Charles relayed that an important meeting will be on July 11 at 7 PM at the high school. Charles has also approached many of the religious in the area who are against rezoning. Richard said toxic waste siting is very complicated in terms of permitting and zoning. Jim Bunn observed that this is one of the most important environmental issues facing Western New York. Liz Kaszubski asked if they were expanding to accomodate Hudson River PCB's. Charles responded maybe, but we can't prove it. Mike Kukla motioned that we accept the Charles' CWM Resolution. Art Klein objected to the language recommending toxic sites be place in unpopulated areas since it implies wilderness is an empty void. Charles accepted the change. Jim Hufnagel seconded. Unanimous ayes.

 

Misc.: Pesticide Notification, Superfund, WNY Environmental Coalition

Mike Kukla reported that NYPIRG is mounting a campaign to regulate pesticides in Erie County as per recent state legislation. The League of Women Voters and the Akron PTA are also involved. Mike will post more information on the listserv.

Mike announced a Superfund press conference at DEC headquarters at 270 Michigan St., Buffalo. on July 3rd. Art Klein mentioned the Brodsky bill to attach costs to original polluters but there may be problems with the bill.

Charles Lamb has invited Richard Whiteford back to speak at 1st Presbyterian in Lewiston on 9/30.

Mike announced the next coalition meeting is July 19, 2001. Jim Bunn stated that the coalition is a wonderful idea when big issues are at stake. Murray Warner said we still have to check with the Chapter. Larry said that each group will prepare a white paper. Paul McClennan has released his already. One feature might be a "congress" that meets 2-3X a year to discuss problems and trade information. It may release a calender. Or supply office support from an "Environment House". Jim Bunn repeated Murray's point about Chapter review. Larry said we may get services from such a coalition without subscribing to a set of positions. Mike suggested we explore this further and asked who will write our white paper. Art volunteered and he will circulate it on the listserv. Ginger Ursitti asked if this constituted a position paper. Mike answered yes, it will be our expectations.

Richard Lippes brought copies of the Adirondack Explorer which were welcomed by those present.

 

Adjournment

Chair Mike Kukla announced that at the July 24 meeting we will have a speaker on campaign finance reform, and declared the meeting adjourned.

 

Respectfully Submitted,
James Hufnagel, Sec'y