Recently, there has been an uproar regarding the proposed 500% hike in lake permit fees by the regulating district. What is less well known is that the Erie Boulevard Power Company is suing the Regulating Distict, trying to reduce their assessment. Although it seems like the property owners around the lake may have won the battle to keep the lake higher in September and October, we may loose the assessment war if the Power Company wins the law suit.
As part of the new lake level settlement agreement, the Regulating District agreed to conduct a reapportionment study to determine the relative benefits of the lake to all beneficiaries ( http://www.hrbrrd.com/reapportionment_draft_report.pdf ). Currently, the Power Company pays a large percentage of the regulating district bill, but if the beneficiaries were assessed according to the reapportionment study, the property owners and users of the lake would pay almost twice as much as Power Company (12.77% vs 24.28%). And this is before the increases in property values are determined!
However, there is a major flaw in the reapportionment study, which I outlined in a letter to the regulating district ( Reapportionment Study Flaw ). This flaw needs to be corrected before any change in assessments including property owners and lake users can be considered. According to statute, permit holders cannot be beneficiaries. Hopefully the regulating district will adhere to this.
Another issue is the lake level over the last year, which have been abnormally high. It turns out that the new settlement agreement that regulates lake levels has been changed to benefit the power company. It includes a clause that states that the regulating district must use aggressive holdback of water, and limits the discharge of the dam. Bottom line: the regulating district will be keeping the lake as full as possible, with very little margin for flood control around the lake. This means that the shore will be flooded more frequently, and it will require numerous authorizations to lower the lake in an emergency. Note that an emergency is not declared until the lake level is at 773ft above sea level, 2 feet above the spillway, and 5 feet higher than a "full" lake. The regulating district says it has full confidence in the computer models for the lake. We shall see...
See also:Batchellerville Bridge Action Comittee Info
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