Executive Board Meeting – March 21, 2016

Present: Bruce Dolph, Jake Rosa, Mark Tuthill, Dianna Cope, Toni Van Glad, Tony Coiro, Don Murray, Bonita Chase, Art Merrill. Counsel Jeff Baker.

Others: Jeff Flack, Molly Oliver, Mike Triolo, Rick Weidenbach, Al Rosa, Tim Cox, Alicia Terry, Joan Lawrence Bower, Frazier.

1. Call to order 6:15

2. February 15, 2016 minutes. Motion to accept Mark Tuthill, second Jake Rosa. The minutes needed to be clarified that Mike McCrary moved to approve the minutes of February 18. With those modifications they were passed.

3. Update on WSP & Side Agreement, WR&R – Jeff Baker reported on the conference call with Tom Snow on Friday March 8. Category 5 a and b will remain in the selection document. Open to language changes regarding opt in. Olive concerns regarding the LFA puts them in buyout position. Problems with BCA not positive. Bruce extolled the need to include everything in the BCA whether City is paying or not. Discussions ongoing with WSP. The community can make a choice on any component of the buyout. No resolution is needed for Cat 1-3. Cat 4 and 5 do need resolutions by the communities. Can opt in after the outreach person bring a study to the Community. At that point a community resolution to opt in would need.

The state is not a party to the side agreement, but are supportive of changes in the watershed programs and WR&R. March 29th meeting with stakeholders to wrap up the WSP and issues on the side agreement and language in the selection criteria.

Conservation Easement language would be flexible enough to allow use of land under ownership of the locale. There appears to be support from the state for the stormwater ombudsman. Pam Young letter March 17, 20016. DOSH and DEC have met regarding implementation. Believes the ombudsman should be present at the pre application meetings on stormwater to facilitate making it clear where state regs end and city regs begin.

Bruce reminded the board that we have no standing in the FAD and therefore the CWT should use the side agreement to the extent possible to get a commitment on the WRR, filling the gaps at CWC and streamlining the permit and design process.

Bruce cited Molly’s note regarding deed restrictions. Molly reported that FEMA does not require a deed restriction or CE when the land purchase is associated with a project: i.e., a bridge extension. Only when the parcel is purchased for open space is a deed restriction needed. County’s will not sign the side agreement if their requests aren’t met

a. Ken Kosinski – Looking at the regulations for stormwater, NCRA and septic. There is a meeting this Friday to continue that discussion. Continuation of the meeting with supervisors with state and feds. WRR- if we are a partner we should be at the table not being treated like subjects in the Kingdom.
b. Discussion with DEC – covered above.

4. Hudson River Keeper, Delaware Riverkeeper, CCCD and NRDC letter of 3/11/2016 to NYSDOH and DEP complaining that the WSP has been held up by watershed parties. Hudson River Keeper, Delaware Riverkeeper, CCCD and NRDC. A response letter was circulated. The Coalition did not motion, but approved the letter.

5. A discussion ensued about purchase of lands by DEP and how to react to purchases when the community believes the parcels are ineligible. If this is the case, then it is their obligation to respond. There are challenges within the communities between the town board and the planning boards. It was suggested that the CWT could put together a checklist for a review for use by local muni’s. No action taken. It is not clear how in-depth the review of the information provided by the City is done. Planning Boards need to be informed if not already about what to look for.

6. Flood Commission reports- Andes had a walk about and are planning a community meeting for April 1. Delhi has a meeting planned in the near future. Hamden has a community meeting planned tomorrow the 22nd. Arkville moved to April 6th. Walton next meeting on April 7.

7. The CWC Board will vote on changing program rules related to stormwater and business septic on April 5th.

8. 25th Anniversary of CWT
a. New Date for the 25th anniversary celebration is Saturday September 17. Again, Young, Sommer will assist with finances. Planning $25 per person for the budget of the event. Current and past members and spouses will be invited. State, Federal, NY City officials will be invited as will state and federal elected representatives. A number of potential speakers were discussed: Clayton Brooks, Georgianna Lepke, Tom Hynes, and Bill Sunkenberg.

9. Below the reservoirs
a. Delaware – DOS Grant finally near handoff to consultant for SCMP. The Regulated Flow Advisory Committee (RFAC) of the Delaware River Basin Committee is meeting on April 5th to hear concerns of the Tailwaters communities. RFAC members are the Decree Party members. NYC, NYS, NJ, PA and Delaware.
b. Esopus – no report
c. Schoharie – work commencing on the lower level outlet.

10. Warrants(s) and Treasurer’s report
Warrants: $,6322.50 from Young, Sommers. Tony Van Glad moved to pay the warrant, Tony Coiro second. Passed.
Treasurer’s Report. Checking Balance – $1,092.96: Savings $110,718.63. Tony Coiro moved to accept Mark Tuthill second. Passed.
Need to bring a report on the fund raiser at the next meeting.

11. Other – A discussion regarding the septic acceptance at DEP plants ensued. Tannersville part has not been replaced after several years. Jeff suggested sending a letter to the City asking why they are not abiding by the 2000 agreement. No motion made but the board agreed that the attorney should draft a letter.

12. Tony Van Glad motioned to go into executive session, Toni Coiro seconded the motion for the purposes of discussing potential litigation regarding watershed rules and regulations, Water Supply Permit, side agreement and selection criteria. Mike Triolo was invited to attend, all others were excused.

Motion to come out of executive session Mark Tuthill. Seconded by Art Merrill. Passed.

13. Motion to adjourn by Tony Van Glad. Seconded by Tony Coiro. Passed.