No stopping Erie Canal clear-cut, state says

Nothing short of a court order will stop the state from moving forward with a project to remove trees from some embankments along the Erie Canal, officials from the state agencies that oversee the waterway said Wednesday.

"We think it's in our fiduciary responsibility to do it," said Kimberly Harriman, senior vice president for public and regulatory affairs at the New York Power Authority. "Until somebody tells us of a higher authority that we have to stop I don't think from a fiduciary obligation, from a statutory obligation to administer this asset on behalf of the people of this state, that we can stop."

John Callaghan, acting executive deputy director of the Canal Corp., a subsidiary agency of NYPA, acknowledged that legal action threatened by some local towns could sideline the project, but anticipated the stoppage would only be temporary.

"What could stop it?" Callaghan asked. "I don't know of anything that could stop it."

The officials spoke to the Democrat and Chronicle editorial board Wednesday afternoon in advance of public information meetings in Perinton and Pittsford on Wednesday and Thursday evenings, respectively.

The $2.6 million so-called Vegetation Management Project involves clear-cutting 145 acres of forested embankments along 56 elevated sections of the canal between Medina in Orleans County and Perinton in Monroe County.

The project, which state officials insist is necessary to protect the structural integrity of those sections of the canal, has been met locally mostly with public outrage.

That outrage was made further evident on Wednesday night, when approximately 200 community members and officials gathered at the first of two meetings held by NYPA to address questions and concerns.

Repetitively, residents stood up to describe the project and the way in which it has been carried out as a betrayal of public trust, a disregard for the quality of life of residents, and a dirty attempt to catch up on routine maintenance.

While a small minority spoke up in support of the project, the majority made their dissatisfaction evident, several sporting paper "STOP" buttons and raising signs that read "Use Facts Not Fear."

Ginny Maier, a Fairport resident and biology professor at St. John Fisher College, said that most people that she's spoken with simply want the project to pause so that further discussion can be had and alternative solutions can be offered.

"We want to have a discussion that looks at not only the risk that vegetation might pose, but the benefits of the trees for wildlife, for scenic beauty, for privacy, for CO2 consumption," said Maier. "We think that they can address the concerns that they have about safety without cutting all of the trees down. And all we’re asking them to do is to stop now so that we can talk about alternatives."

Maier went on to describe the current project proposal as "a very dramatic change," and said that what residents are looking for is to be heard.

"We’re not asking them to never cut any trees, or to not maintain the canal, we’re asking them to look for an alternative that puts the needs of more people at the table," she said.

State Sen. Rich Funke, R-Perinton, echoed that while speaking before the discussion panel.

"There is a love affair between the canal and this community that may not be the same as it is in other parts of New York state," said Funke. "What we needed in the beginning, and what we still need now, is a discussion on how we can approach this collectively and judiciously to satisfy a need to protect safety, on one hand, and to balance that with a need to protect the inherent beauty of the canal and tourism on the other hand."

The public outcry is not surprising. A group organized to fight the cutting after the Democrat and Chronicle reported the project in October has steadily grown in numbers, and town supervisors from Perinton, Pittsford and Brighton have expressed concern.

Last week, the Pittsford Town Board authorized the town to take legal action on behalf of residents of all three towns. None has been taken to date, but Pittsford Town Supervisor Bill Smith hinted on Wednesday that it is not far off.

"It's an Article 78 action to require the power authority to take the kind of environmental review that state and federal law requires before they can proceed with this cutting," said Smith. "We're asking the court for a temporary restraining order to halt any cutting until this legal question has been decided."

Smith said that they are planning to file in a couple of days, but did not specify an exact timeline.

More: Some Erie Canal banks to be stripped of trees

Opponents maintain the clear-cutting is unnecessary and accuse the state of overstating the threat that trees and their root structures pose to the canal.

They argue the state could surgically remove problem trees and retain much of the forested condition to which residents and wildlife have grown accustomed and enjoy.

Elizabeth Agte, a founder of the group "Stop the Canal Clear Cut," said the state may have no choice but to halt the project if the towns are granted a legal injunction.

"They may have no alternative but to stop because they're legally bound to," Agte said. "I think the most important thing at this point is that we are still pressing forward with the point that the Canal Corp. has not listened to us and we are still waiting to have a public debate."

Officials told the editorial board there was nothing to debate and said moving forward with the project was best for the preservation of the canal, citing a NYPA-commissioned study and recommendations from the U.S. Army Corps of Engineers.

In a slight concession to critics, however, they said they would consider public input as to how the embankments are restored after the trees are removed, such as planting wildflowers or other beautification efforts.

The state had originally planned to plant grass on the embankments.

Clear-cutting began around Medina in September and was halted last month in Spencerport. The stoppage coincided with heightened public pressure, although state officials insisted it was due to winter weather conditions.

More: Erie Canal clear-cutting to be delayed, state may compromise, crowd at meeting told

David Mellen, the project engineer for NYPA, anticipated Wednesday that work would begin again in late January or early February and that the tree-cutting would be completed by March.

The next phase of the project, which involves the removal of stumps and the resurfacing of the embankments, is expected to start in the fall, Mellen said.

DANDREATTA@Gannett.com

LPEACE@Gannett.com