“Although the village has not been served the petition to this date, we understand that it is demanding the board decision … regarding the plan of the village water plant and future water source be voided,” Ferguson said in a statement he read out at a Board of Trustees workshop Wednesday. Trustees voted 3-2 to pursue drawing down the reservoir, shutting the treatment plant and acquiring water from Dunkirk.

The mayor continued, “Late last year, the village was notified by the Chautauqua County Department of Health of the results of a sanitary survey, which included a number of violations and deficiencies in the village water system… The health department advised the village that there were immediate violations that needed to be resolved and 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… the village took action to protect the health of its residents, and the mayor (Douglas Essek at the time) declared a state of emergency to aid in addressing the issue.”

Ferguson went on to note how the village retained the LaBella engineering firm for a study of its water options, then held a public forum about the study.

The Fredonia Board of Trustees, which met Wednesday in a workshop session, appears set to raise the village’s water rate by $2. Photos by M.J. Stafford

He also rehashed the trustees’ Dec. 26 vote, stating: “The village was required to notify the health department whether it was pursuing connecting to an alternate source of water, or engaging in repairing and upgrading the existing treatment plant and reservoir, no later than Dec. 29, 2023. It met that deadline and avoided additional fines and potential fines.”

Ferguson then got critical of the lawsuit attempting to overturn the vote.

“The petition is simply an attempt to thwart the village’s process in regarding and addressing the violations and deficiencies found by the county,” he said. “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 meritless 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 methodically and thoughtfully in its proposed action… 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.”

After making the statement, Ferguson commented he met this week with state and federal officials about an unnamed project that could have benefitted the village water system, no matter which option it took. However, due to the lawsuit, the talks are suspended.

The mayor concluded: “Once again, as we attempt to move forward, as I promised we would, we are being stalled.”