CWT Comments to NYC DEP Flood Buyout Program – April 14, 2014

The following two documents were submitted to NYC DEP for there consideration.  Please click HERE and HERE.

Advertisements

Executive Board Meeting – March 17, 2014

Present: Carl Stuendel, Tony Van Glad, Ric Coombe, Bill Layton, Pete Bracci, Tony Coiro, Linda Burkhardt, Bruce Dolph, JohnVan Benschoten,  Stephen Walker and  Jeff Baker, counsel.

Others Present: Rick Weidenbach, Jeff Flack, Aaron Bennett, Tim Cox, Kevin Young, Darrin Elsom, Henry Stout, Dean Frazier.

1. Call to order :  6:15 PM

2. Minutes: Linda Burkhardt moved to approve the February minutes.  Pete Bracci seconded.  Motion Passed.

3. Privilege of the floor – The Friends of the Upper Delaware River had to postpone.  In lieu of that, privilege of the floor was granted to Kevin Young and his guests to discuss concerns pertaining to some NYC’s enforcement activities.  The primary concern was with regard to Non-Complying Regulated Activities (NCRAs) [Click HERE for additional information.] that the City is now declaring have had a change in the intensity since 1997 and that the properties in question are no longer being designated as NCRAs. The basis for making that decision appears to be arbitrary on their part.  Further there may be a question as to the extent of their jurisdiction.  It was suggested that the intent of the regulations are being interpreted differently by the City than it is locally. Guests described their situations.  The manner in which they are enforcing the regulations is counter-productive to the economic side of the MOA.

Tony Van Glad moved to have Jeff Baker investigate, once specific situations are provided to the CWT by Kevin Young.  Bruce Dolph seconded the motion.  Motion carried.

Pending further investigation and discussion the CWT may seek a meeting with the DEP to attempt to resolve what appear to be unnecessary or unwarranted actions on DEP’s part.

4. Report – February 19th Voluntary Flood Buyout/Relocation meeting. Carl and Counsel informed the board members of the 2/19 meeting in Kingston. NYC DEP went through an outline that portrayed how they see the Flood Buyout program being administrated.  Emphasis at the meeting was that the City will only be involved if a community wants them involved.  It’s voluntary.  It was proposed that CWC act as the administrator of some of the funds to cover costs of local agencies and consultants. They reported that the State is interested in providing some kind of incentive for landowners that could not otherwise take part in a needed buyout sanctioned by a community.

a. Relocation subcommittee meeting: A relocation subcommittee, borne out of the February 19th meeting, was held March 14th to begin addressing what needs to be done to have a successful relocation program.  Bruce Dolph indicated that the issue is complicated with many variables that must be addressed. The LFA will be a major determining factor for the buyout and relocation programs, but science alone can’t address all the issues involved.  A serious question requiring careful consideration is this: how should communities that have suffered (or are at risk for suffering) devastating flood damage be approached to encourage them to create a vision for what they want their community to be 20 years from now.  Everything from finance, to code compliance and individual needs are involved.  Sidney was used as an example of how it could be done.  A lot of moving parts.  On April 1, NYC will circulate for discussion a draft of the buyout program.

b. WSP amendments:  no comments made.

5. Updates:
a. WIG issue.  Counsel has discussed the issue with City and State staff.  He stated he needs to get a letter out.

b. FAD
(i.) Contracts: Status and Progress – CWC stated that the contracts appear to be imminent in a month or two.  Awaiting City signoff.  Jeff stated that Dave Warne of DEP said that there will be no break in funding for Stream Programs this fall.  Jeff Flack said that Schoharie and Greene County believe they are in good position.  Rick Weidenbach stated that the DCSWD has not signed their contract yet.  It is currently in the City machinery.  The City has 30 to 60 days to review the contract and that the timeline should be nearing an end.   Rick reported that they will be out of money November 1st of this year.  Ulster County not settled yet.  Sullivan County – unknown status.

c. Right of Objection – CWC has agreed to an arrangement with DEP on the issue.

d. Kurt Ossenfort proposal – ongoing.

e. Outreach   N/R

f. Below Dams
(i.) Delaware River Below Dams Initiatives – Municipalities and Friends of the Upper Delaware have reached agreement and are passing resolutions in support for the Upper Delaware River Tailwaters Coalition position on the FFMP and OST.

(ii.) Consent Order – Esopus – Aaron repeated what he reported at the February meeting that Ulster County has agreed to be the fiduciary entity to handle/disseminate the funds for the fish stocking, technical consultant, and stream management plan – a total of $290,000.  Additionally, he reported that UC recently distributed an RFP for the Technical Review Consultant to assist in the environmental impact statement review process. “We hope to have the consultant hired by the end of May.”

g. Dues: Little discussion.  Need to keep tracking.

h. CWT Website – Carl will register for three years. Linda Burkhardt moved to pay for three years of registration.  Tony seconded the motion.  Motion passed.

i. Meeting with NRDC – March 21st 3-5.  At CWC offices.

j. Riparian Buffer Program – request to DEP – Jeff has had a strong discussion with the DEP about getting the RFP out.  DEP indicated they will be moving on it.

6. Warrants and treasurers report.   Ric Coombe moved to pay the warrant of $5,801.92  and approve the treasurer’s report.  Linda Burkhardt seconded.  Motion carried.
Saving balance            $107,301.45
Checking Balance       $    2,314.27

7. Correspondence: N/R

8. Other N/R

9. Adjourn: 8:15 PM.  Tony Van Glad moved to adjourn.  Bill Layton seconded. Carried.