Executive Board Meeting – Dec 21, 2015

Call to order 6:17

Present: Mark Tuthill, Tony Coiro, Mike McCrary, Peter Friedel, Anthony Van Glad, Greg Vurckio, Donald Murray, Bruce Dolph, Art Merrill, Counsel Jeff Baker.

Others attending:  Kevin Young, Michelle Yost, Aaron Bennett, Alicia Terry, Alan Rosa, Tim Cox, Molly Oliver, Rick Weidenbach, Frazier.

1. November 16, 2015 minutes: motion to approve Art Merrill, second Peter Friedel. No discussion. Passed.

2. TAG report – FAD/WR&R – A brief report was given.

3. Update on WSP & Side Agreement- The proposed ideas for adjustments to the rules and regulations, Category five of the Selection Criteria were reviewed and discussed. There were further examples discussed with regard to WRR enforcement, design review and permitting and micromanagement of partnership programs and stream programs.  A lengthy discussion ensued.  The West of Hudson is asking for regulatory relief and willingness to negotiate, and filling funding gaps at the CWC to cover the incremental costs caused by the WR&Rs that are harmful to the future sustainability of the communities.  Art Merrill moved to send the proposed Side Agreement language, proposed solutions language and Category 5 of the selection criteria to the appropriate State, City and Federal officials.  Mike McCrary seconded the motion.  Motion carried.

4. Flood Commission reports – Windham – discussion of G&H relocation continuing. Lexington – there is a hotel under discussion with regard to flood mitigation.  The Hotel has an approved septic system.  There was some discussion about connecting it to the community waste water system.

5. Stream meetings – Stream Programs met with DEP on Tuesday the 15th and Thursday the 17th.    The current process of review has a bottleneck on design review and approval.  Options to improve that were discussed.  Stream programs would like templates to help streamline review process making it more timely and efficient.  It’s unclear why there is a hesitancy to provide them.   This has resulted in far fewer projects on the ground in 2015.   This lead to more discussion that DEP in general is or appears to be purposely slowing project permitting and design down, as well as, enforcing regulations that have no significant impact on the overall water quality of the water supply for the sake of looking busy.   These concerns real or perceived are harming watershed communities and small businesses, contrary to the MOA.   The policy of reviewing all stream corridor projects will continue.  The question is will this be extended to both the WAC and CWC?  In light of the current situation the sense in the room was that, as things are going now the City will begin doing the same with CWC and WAC.  Rick announced that there will be a meeting between stream programs and DEP to discuss how to resolve points of impasse.   Contracting protocols will continue as they are being driven by the Mayor’s office.

6. CWC reports- voiced similar concerns related to agenda items three and five.

7. Preparing for the 25th Anniversary of CWT – Bruce will continue to pursue.
a. Role of and forms of outreach at CWT

8. Below the reservoirs
a. Delaware – A consultant is close to being chosen.
b. Esopus
c. Schoharie

9. Warrants and Treasurer’s report.
Warrants:  Tony Van Glad moved, Tony Coiro seconded to pay the warrants in the amount of $3,704.20.  Passed.
Treasurer’s report:  Tony Coiro moved to accept the treasurer’s report of $1,000.24 in checking and  Savings balance of $96,409.55. Art Merrill seconded.  Passed.

10. Correspondence- Kevin Young brought to the attention to the board of a NYS Senate Democrats proposed legislation that pointed out the NYC metropolitan area has seen extensive economic growth, but that upstate New York is suffering economically. They suggest ideas to help upstate New York.  It was proposed that a letter of thanks be sent to those Senators.  Apparently Republican Senators opposed the legislation.


11. Other

12. Adjourn: Tony Van Glad moved to adjourn, Tony  Coiro seconded.  No discussion. Passed.


Executive Board Meeting – Nov 16, 2015

Attending – Anthony Coiro, Bonita Chase, Bruce Dolph, Art Merrill, Michael McCrary, Diana Cope, Anthony Van Glad, Mark Tuthill, Donald Murray, Jake Rosa, Peter Friedel, Greg Vurckio and Counsel Jeff Baker.

Others attending – Kevin Young, Aaron Bennett, Michele Yost, Jeff Flack, Alicia Terry, Molly Oliver, Alan Rosa, Tim Cox, Frazier, Joan Lawrence Bower.

1. Call to order- 6:17 PM

2. October 19, 2015 minutes approval – Motion to approve Anthony Van Glad, Mark Tuthill second. Carried.

3. CWT/TAG report – FAD/WR&R – The purpose of the TAG meeting was information gathering. There was confusion as to the nature of the meeting. The meeting was not subject to the Open Meetings Law as no group or municipality was making a decision. Kevin Young explained Delaware County comments on the WSP. One primary issue was Category 5 for inundation. The City’s negative declaration concluded there was no negative impact with regard to buyouts involved in the Flood Buyout Section of the Flood Mitigation Program. Delaware County disagrees with that conclusion. Given the number of potential homes involved and the high percentage of assessed valuation they represented the County concluded that Permit did not provide adequate documentation to reach their conclusion. Because the MOA says you cannot purchase improved properties. County took the position that municipalities that opt in to Category 5 would diminish the rights given to them in the MOA.

As the permit is written now and the SEQRA Negative Declaration, regarding category 5, the interpretation of that language is causing substantial concern among municipalities represented on the board. The fear is that there could be a rush by residents whose homes have been damaged by flooding would seek to unload those properties as the City would likely be the only buyer to get them out of their financial dilemma and destroy the local tax base.

Mr. Baker offered that we are simply trying to get language that gives the communities the most flexibility.

Margaretville Mayor, Dianna Cope indicated that as the language is now 90% of the homes in Margaretville would qualify for the buyout under Category 5. That is unacceptable.

Counties have to sign off on the permit, but that would not undermine the rights of the Towns.

Tony Van Glad motioned to go into executive session. Second by Tony Coiro, for the purposes of contract and permit negotiations, potential litigation strategy and attorney client communications. Carried.

Motion to come out of Executive Session by Tony Van Glad. Tony Coiro seconded the motion. Carried.

4. WSP Comments – discussed in number three above.

5. Flood Commission reports – Windham has a meeting scheduled for Wednesday. Ashland will begin in January. The Towns of Hunter and Tannersville will follow. Town of Conesville is near ready to issue their RFP. Mt Tremper and Phoenicia LFA draft final reports are out now and available.

6. Stream meetings – no reports.

7. CWC reports – none.

8. Preparing for the 25th Anniversary of CWT
a. Bruce offered the idea to invite all past CWT members, have a party and learn from them some history we don’t know. No decisions made. Bruce asked for some suggestions.
b. Role of and forms of outreach at CWT

9. Below the reservoirs
a. Delaware – DOS grant contract was just received for the Tailwaters SCMP. Meeting in Hancock last week with the Business Coalition, Commissioner Emily Lloyd, and Paul Rush. The meeting was precipitated by the accident at Cannonsville. They also discussed the yo-yo releases.
b. Esopus – no update
c. Schoharie – no update

10. Warrants(s) –
$24.73 for postage from the Delaware County Department of Watershed Affairs.
Tony Van Glad moved to pay. Seconded by Bruce Dolph. Carried.

Checking – $1000.12.
Savings – $93,047.47.
Art Merrill moved to accept the treasurer’s report. Mark Tuthill Seconded. Passed.

11. Correspondence

12. Other

13. Adjourn 8:28 pm- Tony Van Glad moved to adjourn. Tony Coiro second. No discussion. Passed.