North Perry Village Council has taken action needed to get the U.S. Army Corps of Engineers to review, and possibly approve, a plan aimed at solving persistent sediment and sand migration problems at the community’s harbor and marina. Council, during last week’s meeting, authorized the village engineer to prepare bid packets for the extension of the eastern offshore breakwater in the Townline Park harbor. Extending the east breakwater is one component of a $1.7 million project that’s intended to reduce maintenance dredging in the harbor and improve the movement of sand to the shorelines of downdrift neighbors. Townline Park is located along the Lake Erie shoreline at the northern end of Townline Road. The park includes a harbor and marina that were constructed in 2009. The resolution approved by council stemmed from a request by the Army Corps. That agency asked the village to include bid packets for both major elements of improving the harbor in the plans it submits. North Perry must obtain permits from the Army Corps and several other government agencies before the project can begin. Along with extending the eastern breakwater, plans call for closing a gap on the west end of the harbor that exists between an offshore breakwater and the western jetty near the boat launch ramp. In May 2023, council approved a $1.7 million budget for the harbor modifications. Original cost estimates included: • $500,000 for closing the gap at the harbor’s west end. • $1 million for extending the eastern offshore breakwall. The structure often is referred to as a “spur” by village government leaders. • $200,000 for engineering costs. Village Solicitor James O’Leary reminded council that it approved a resolution at its June 6 meeting that authorized the village engineer to prepare bid packets for closing the gap on the harbor’s west end. North Perry already has submitted those bid packets to the Army Corps. That’s because village government leaders originally had planned to modify the west end of the harbor first and schedule the east end project at a later date. “We were going to do the overall project in two phases because we felt like if we could get something in front of the Army Corps and get it approved, we could get (the west end closure) done (by the end of fall),” O’Leary said. However, the Army Corps later decided that it would not look at requests to perform smaller segments of the harbor upgrade. Instead, the agency stated that it wanted to conduct a single review of the entire project. “We need to revise the submission to include the east end in order for it to be considered,” O’Leary said. North Perry government leaders didn’t have sole authority in developing a plan to modify the harbor. For the past 10 years, a mediator has been meeting with regularly with North Perry officials and a group of property owners who live east of the harbor in Madison Township. These sessions have been intended to continually monitor the impact of sand migration and reach a consensus on ways to improve conditions. In 2012, these Madison Township property owners filed a lawsuit against the village. The neighbors alleged that the marina trapped sand that would have naturally washed eastward, and caused erosion of their properties. Although the lawsuit was settled in 2014, North Perry government officials and the group of downdrift neighbors have continued discussions about issues in the harbor, in the presence of the mediator. In 2020, the village entered into a contract with W.F. Baird and Associates, a Great Lakes engineering firm, to conduct a study of sedimentation and shoreline erosion issues in North Perry’s harbor. Baird eventually provided the village with a comprehensive report that addressed sediment and sand migration issues brought up in the lawsuit. The report also contained four options aimed at reducing maintenance dredging in the harbor and improving the movement of sand to the shorelines of downdrift neighbors. O’Leary said the plan to close the gap at the west end of the harbor and extend the eastern breakwater was agreed upon as the most favorable option by Village Council; the village engineer; the downdrift neighbors and the group’s engineering consultant; and the Army Corps of Engineers. However, some council members still expressed concerns about the downdrift neighbors filing another lawsuit if revisions to the harbor don’t produce the intended results. “Since (North Perry’s) experts and (the downdrift neighbors’) experts agreed, can we get something that says they’re not going to sue us if it doesn’t all work out?” Councilman Robert Ford asked O’Leary. The village solicitor said Ford’s request can’t be fulfilled. “No matter what approach you take, you can’t get a guarantee that somebody is not going to sue you,” O’Leary said. But O’Leary did mention what the village’s best defense would be if a lawsuit were filed over the harbor modifications. “(The village and downdrift neighbors) relied upon our experts, and they both said the same thing,” he said. “The Army Corps said the same thing. You can sue us, but what is the basis of it? We all agreed that this was the way to go.” Council President Mary Ann Rideout also said she was upset that council hasn’t been provided with regular updates about what is discussed in harbor mediation sessions, which are attended by village government administrators and the downdrift neighbors and their advisers. “So now we’re expected to vote on this and say go ahead, without having any of this knowledge?” she said. “Because we were not informed.” Council ended up approving the resolution by a 4-1 vote. Members Ken Siegel, Jeremy Lagania, Robert Ford and Dennis Hurley voted “yes,” Rideout cast the lone “no” vote and Derek Foley abstained, because he lives next door to the harbor.