Location:  CWC Headquarters (Arkville, NY)

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Present:  Ric Coombe, Scott Grey, David Kukle, Steve Walker, Bud Gladstone, Ed Snow, Glen Faulkner, Ritchie Gabriel, Jeff Gearhart, Bill Federice, David Edinger, Greg Vurckio

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Others:  Jeff Baker, Jason Merwin, Jessica Fiedler, Nick Carbone, Elizabeth DeFalco (The Reporter), Tim Hefferman (NY Times), Cher Woehl

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1.  Call to Order:  Ric  called the meeting to order at 6:17 pm.

2.  August 19, 2024, Meeting Minutes Approval:  Motion to approve the minutes made by Ed Snow and seconded by Steve Walker. Motion carried.   

3. & 4.  LAP/SAP Negotiations/Status of Amended City CE to State Updates:  Ric opened the discussion sharing that it had been a very busy and productive couple of weeks.  He acknowledged all the efforts of Delaware County, the City, DEC, DEP and the various stakeholders commending them for coming together and working with CWT in attaining a significant and positive change to the Core LAP program.  It was through these efforts CWT was able to explain and obtain the full understanding that the science does not support the land acquisitions in Areas 3 & 4.   Jeff proceeded to provide the details of this change explaining that the City is stopping land acquisitions in Areas 3 & 4 with the following exceptions:

• DEP will continue with the acquisitions tied to the  NYC Flood Buy-Out Program in all areas
• DEP will continue to acquire WAC and Forestry Easements in all areas
• Acquisitions currently in progress in Areas 3 & 4 will continue
• DEP will cease solicitations and responses to inquiries from landowners in Areas 3 & 4
• Parcels may be acquired if a Town/Village in Areas 3 & 4 identifies and offers said land for acquisition

Jeff further reported that all parties at the “negotiation table” have agreed to this principal change in the land acquisition program.  He shared that the Core LAP will be embodied in the new Water Supply Permit which will be in effect by 2026.  He emphasized to the members that this is a major step forward and accomplishment for CWT.

Next item Jeff reported on was the Amended City CE to the State, again sharing that there have been extremely positive discussions.  He informed the members that these negotiations are close to being finalized with 90% of the issues resolved.   The amendments to the conservation easement language are intended to allow more flexible uses,  with allowances for power lines, minor parking areas, etc.

One area still in discussion deals with the use of land for solar power.  The City wants the option to use its land to establish solar farms.  The environmentalists want to see restrictions on this, specifically where it relates to clearing the forest land and extra buffers for watercourses.  This will be further discussed at the next meeting to be held in November.    Jeff reiterated that if a Town/Village has land use regulations applicable to solar farms, such as clearing limits, these regulations will be applicable, and the City cannot overturn them.  David (Kukle) suggested that the Towns/Villages review their current regulations to determine if they include such language.  If they don’t, he suggested the Towns/Villages explore adopting regulations for this scenario and referred the members to the Catskills Guide to Solar Facility Development for Local Governments for guidelines to develop their language.  The detailed guidelines are attached to these minutes, or you can access via the following link: https://catskillcenter.org/news/2024/7/1/catskill-center-releases-guide-to-solar-facility-development-for-local-governments-in-the-catskills

Regulatory Upgrades 2.0 (as they are generically referred to) were discussed next.  Jeff shared that the City needs to make the necessary investments in the Wastewater Treatment Plants.  Technology is changing rapidly and moving to a new standard in wastewater plants.  The Coalition has pointed out that the City has an obligation to support the needs to upgrade the wastewater plants.  The City is aware of this need and is currently discussing to what extent they can provide the support. 

Jeff followed with an update on State Wetlands draft regulations, stating that they are still waiting for the State to finalize the regulations.  Once these regulations are finalized DEP will need to revise their rules on how much wetlands they will be regulating.   In the interim, the City has indicated that the regulations will apply to what is currently mapped.   David (Kukle) asked members if they understood why these wetland changes are occurring.  Jeff proceeded to provide a brief explanation, citing that because of legislation enacted a year and half ago DEC will no longer be limited to regulating only mapped wetlands.  The legislation was enacted so that the wetlands no longer have to be on existing maps but can include wetlands that have not already been mapped, similarly to how the Army Corps of Engineers regulates wetlands.  This is causing significant issues in identifying what is a wetland, who will have the jurisdiction to identify a wetland and how the determination will be made.   Ric emphasized that our Towns/Villages in the watershed want to be treated the same as everyone else in the State.  If there are different rules because of being in the watershed, then our Towns/Villages should not be responsible for any additional costs that may be incurred.   Jeff reiterated that there are still several discussions to be had before these issues are resolved and regulations are defined. 

5. CWC Report:  Jason provided the following CWC report:

• CWC is anticipating a positive partnership with the new Assistant Commissioner, Shiloh Williams.  Ms. Williams has experience in watershed management and has an office at the CWC facility in Arkville which will make for a good working relationship.
• Funds were secured to move forward with the Shokan Wastewater Plant project.  CWC required an additional $30 million to proceed due to cost increases post -covid.  Discussions with the commissioner resulted in a feasible and acceptable agreement regarding obtaining the funds.   Ric commented that reaching a solution to this issue further demonstrates how the City, CWC and CWT are working together as partners to achieve solutions that are agreeable to all.  

6.  Warrants and Treasurer’s Report:  Bud reported that as of September 30, 2024, the checking account had $9,984.08, the savings account had $73,670.17 and the CD had $50,000.  Ed Snow made the motion to accept the Treasurer’s report, seconded by Glen Faulkner.  Report accepted.  
Bud presented warrant #110 in the amount of $3,771.00 for payment of August-September legal fees and August-September Administrative Support fees.  Steve Walker made the motion to pay warrant #110, seconded by Bill Federice.  Motion carried.   

7.  Other:  Ric raised the question regarding the county/town/village membership dues—Do we leave as is for this year or do we revise?   Members wanted to leave the dues as is.  Greg Vurckio made the motion to keep the County/Town/Village membership dues the same for the current (2024) billing, seconded by Bill Federice.   Motion carried. 

Jeff brought up the use of Zoom for our meetings.  After some discussion it was agreed that we will continue with the current procedure for the use of Zoom which follows municipal guidelines.   A quorum will be determined by the number of Board members present in person at the meeting, and members must be present to be able to vote.  The use of Zoom will be offered on an exceptional basis, to be determined by the CWT chair. 

Ed Snow raised a question regarding if Towns/Villages can request CWC to lend funds for certain needs.  Jeff shared that Towns/Villages could apply to the Catskill Fund for the Future (CFF) program for funds.  Jason shared that where CWC can help with wastewater upgrades they want to help and do whatever they can.  

8.  Adjourn:  Motion to adjourn was made by Bud Gladstone, seconded by Ed Snow.  Motion carried.  The meeting adjourned at 7:10 pm.