Executive Board Meeting – Oct 21, 2013

Attending: Carl Stuendel, Peter Bracci, Linda Burkhardt, Ric Coombe, Bill Layton, Burce LaMonda, Michael McCrary, Stephen Walker, Cindy Donofrio and Jeff Baker, Counsel.

Others: Alan Rosa, Tim Cox, Aaron Bennett, Michelle Yost, Diane Galusha, Dean Frazier, One unknown.

  1. Call to order:  6:18 PM.
  1. Minutes: Moved by Linda Burkhardt to approve; seconded by Pete Bracci.
  1. Privilege of the floor –
    Archives – Carl Stuendel sought input and permission to move the CWT archives from Greene County to Delaware County where CWT administrative work is now being done. This lead to more  questions and discussions about the management of the archives in general.  The committee in general agreed that the best way to archive ultimately is to digitize everything.  Jeff Baker reported that all CWT records they have are in electronic form.  The existing boxes of hard copies need sorting through to determine what is worth retaining.  There are both legal and historical reasons to archive the material.  The task of sorting is in question, whether to seek out an intern next year to do the work or hire a company to do the work was discussed.  Michael McCrary moved to table the discussion until questions raised above can be answered regarding archiving; Ric Coombe seconded the motion.  Motion carried.  Michelle Yost volunteered to contact a company to see what it might cost to do digital archiving.
  1. Revised 2007 FAD
    1. Regarding the purchase of flood  prone properties using the $15 million in the FAD, Jeff Baker will be  developing comments for the FAD.   More clarity is needed as to how this portion of the flood  mitigation program would integrate with other efforts such as the $17  million for volunteer relocation efforts and who would be involved in the implementation of the program.   Jeff will work with Alan to clarify items in the CWC program rules as they relate to the September 20, 2012 Flood Mitigation Program Document.
    2. LAP language clarity – Again Jeff  Baker will develop language pertaining to land acq caps etc.
    3. Other –
      1. Jeff will check with Congressman Gibson’s office to determine if they have made any effort regarding the movement of $50 million in the FAD out of the LAP into flood mitigation.
      2. CWC reported that the contract process will substantially delay the finalization of the contract and hence funding.  This could push back the implementation of the CWC program for relocation, etc.
  1. Consent order for the DEP pertaining to turbidity and alum use.  $3 million has been allocated to address the issue of turbidity in the lower Esopus.  Counsel will monitor the consent process to assure that nothing develops that would have a negative impact above the dams.  The consent order will require an amendment to the SPDES permit and an EIS.  This process will enable Ulster County to pursue an article 78 if needed to gain the leverage they are seeking.  This could be a five year process.
  1. The committee discussed the Kurt Ossenfort proposal.  Diane Galusha gave a summary of the proposal and the benefits it would provide to the CWT.  The conclusion is that it fits well into the archive issues noted in agenda items #3 above.  It would be an important component of the history of the MOA negotiation process.  Pete Bracci moved to accept the proposal with the understanding that repositories will be identified to make accessible to the public; Ric Coombe seconded.  Motion passed.  Jeff Baker will develop a contract with him.
  1. Status reports
    1. WAG update – has been quiet through the government shutdown.
    2. Article 7 Lawsuits language and TLAP.  Agreement has been reached that the resolutions which will settle the claims brought by New York City against the Towns of Tompkins and Roxbury in Delaware County will be allowed, according to Bob Beebe and Kevin Young, to include a stipulation that “DEP acknowledges its obligation to comply with the TLAP program. . .       [and] that after the expiration of the three year period (2014, 2015 and 2016), the town may execute an agreement with CWC to participate in the TLAP. If the town does execute a TLAP agreement, the city agrees to comply with its obligations under TLAP.”  [In addition, for town tax assessment purposes the City agrees to follow the current template, which utilizes the RCNLD methodology, at the conclusion of the three year period whether the town chooses to execute a TLAP agreement or not; and if the town does execute a TLAP agreement, to use the current template in the subsequent TLAP process.]
    3. Flood Mitigation Program Status:  Contracts nearing an end.
    4. EWP Project Status.  Projects are finishing up.  Fifty or more were implemented in 2013
    5. Gauges:  The Walton gauge had been funded by NYS.   Both NYS and Federally elected officials are working to try to get funding to keep it on line.  It goes off line on November 1, 2013.
    6. NYC WWTPs in Grand Gorge and Tannersville have been unable to accept septage.  These two plants were identified in the MOA as sites that could take it.  Due to repairs they have been able to accept if for some time.  Carl reported that the Grand Gorge Plant should be able accept septage by the end of November. Tannersville’s issues are more complicated and will not be able to accept it for some time.
    7. Counsel Jeff Baker sought authorization for Carl Stuendel to sign off as part of the Flood Buyout that the Towns will hold the property.  This is necessary to make amendments to the Water Supply Permit.  Changes.  1. The FEMA Appraisal process will be used versus the City’s.  2.  The towns will convey a Conservation Easement to the State.  Ric Coombe moved to agree that the CWT will not challenge the WSP and to authorize Carl to Sign off.  Linda Burkhardt seconded the motion.  Passed.
    8. Carl reported that the City is waiting for their licensing from FERC to build the hydroelectric plant on the Cannonsville dam and that DEP has posted a position on their website (https://a127-jobs.nyc.gov/) for a Deputy Chief Hydroelectric Facilities Operations Manager with duty location at Downsville.
  1. Warrants and Treasurer’s Report
    1. Treasurers Report:
      Savings Balance –  $ 95,433.06
      Checkbook Balance – $  1,000.13
    2. Warrants:
      Rick Coombe moved to pay the warrants. Bruce LaMonda seconded. Passed.
  1. Correspondence – noted, but unclear what the purpose was
  1. Adjournment: Moved by Ric Coombe; Second Linda Burkhardt. Passed. 8:08 PM.
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