In attendance: Anthony Coiro, Bruce Dolph, Peter Friedel, Art Merrill, Michael McCrary, Mark Tuthill, Anthony VanGlad, Greg Vurckio, Jake Rosa, Rick Weidenbach, Tim Cox, Joan Lawrence Bauer, Larry Underwood, Dean Frazier, Molly Oliver, Jeff Baker

1. Meeting called to order 6:17pm

2. May 16, 2016 minutes approval – Motion made by Mark Tuthill, seconded by Tony Coiro. Passed.

3. Update on WSP & Side Agreement, WR&R. Discussion about order of operations if a community decides to take ownership and subdivide a parcel. Portion of parcel outside of eased part (always 100 year flood plain, up to 500 at the discretion of DEC) may be subdivided and sold. Any profit from the sale must be returned to CWC to fund other flood mitigation. Anchor Businesses and Critical Community Facilities are eligible for funding if the facility relocates within the municipality or a property to be annexed into the municipality.
a. Kingston Meetings 5/23 – FAD Meetings. Jeff reported that the negotiations are going well.

4. FAD Submittal. CWT submitted comments including ending the Land Acquisition Program. There are four public comment meetings scheduled. June 21, Delhi. June 29, Hunter.

5. Flood Commission reports. Andes had their first public flood commission meeting. They had a good turnout, about 30. Delhi had a Public meeting. Walton Flood Commission discussed lowering the McDonalds drive through to have another route for water to get from Delaware Ave back to the river.

6. CWC reports. Tim reported that the board passed the program rule change which will allow funding for securing fuel tanks anywhere in the 100 year flood plain within the watershed.

7. 25th Anniversary of CWT. The board reviewed the first draft of the invitation. The save the date went out. The guest list is very large and we need to come up with some wording to discourage people from bringing a guest. 220 Save the dates went out, 180 is the room occupancy.

8. Below the reservoirs
a. Delaware – Stream Corridor Management Plan is underway. Have had a first meeting with community officials, and Project Advisory Committee.
b. Esopus
c. Schoharie – Tomorrow EAP in Schoharie. Started excavation for tunnel for lower level outlet. Blasting will happen in mid-July. 45’ diameter hole.

9. Warrants(s) and Treasurer’s report
a. Motion to accept the Treasurer’s Report made by Tony Coiro, seconded by Peter Friedel. Carried.
i. Checking – $1,000.19
ii. Savings – 90,158.00
b. No warrants this month
c. Dues payment update – Reminders send

10. Other – none

11. Motion to adjourn Tony Coiro, seconded by Tony VanGlad. Meeting Adjourned at 7:05pm.

Location: Coalition of Watershed Towns, Main Street, Margaretville, NY
Time: 6:15pm

In attendance: Anthony Coiro, Ric Coombe, Bruce Dolph, Peter Freidel, Art Merrill, Michael McCrary, Mark Tuthill, Greg Vurkio, Diana Cope, Jake Rosa, Molly Oliver, Dean Frazier, Timothy Cox, Alan Rosa, Jeff Baker, Jeff Flack, Michelle Yost, Alicia Terry

1. Call to order – 6:17

2. April 18, 2016 minutes approval. Motion made to accept the minutes made by Coombe, seconded by Coiro. Passed unanimously.

3. Update on WSP & Side Agreement, WR&R – We have come to an agreement on the Second Supplemental Side Agreement and a resolution was presented to the board for their review. Jeff baker explained that everyone was in agreement with this side agreement with the exception of the Riverkeeper. We will regulate the 100 year floodplain, not the 500 year floodplain. DEC will review each one and if there is a circumstance where it makes sense to use the 500 yr in some cases, they will recommend that. Greg asked about the purchase of land with structures in Hamlet areas. It was stated that and parcels that the community wants the city to purchased must be included in the LFA if they are in a Hamlet or Village. Tuthill made the motion to accept the resolution, seconded by Coombe. Carried.

a. TAG meetings 4/25 and 5/9 – These meetings were held in preparation for the conversation with Pam Young. We are rolling from the WSP conversation to the FAD conversation. We want to get all of the FAD issues on the table now to avoid surprises, and to keep on track to issue the FAD by July 2017

b. Upcoming FAD conversations with Pam Young – The Stream programs met with Pam last week, Delaware County met with her today. Each County should send their notes to the CWT so the CWT can put a letter together. Delaware County discusses SWCD contracting issues, LAP, Land Swaps, and several other topics. We have to take out list and develop it further and email it to her within the next month or so. The stream programs talked with Pam about the LFA process and BCA. CWC reiterated that they do not require a 1:1 BCA to fund a project. It is up to the discretion of the board. DEP says, in the Flood Commission meetings, that there needs to be a 1:1, but it does not say this in writing anywhere. Diane said there is a similar problem in Margaretville to access New York Rising money. Water Quality working group has come up with a thorough narrative that can be used by the SWCD and CWC to help the gauge the costs and benefits – including benefits not captured in the FEMA BCA. Margaretville has not heard anything from the city regarding if they will accept Margaretville’s LFA. Tim clarified that CWC does not need the plan to be approved by NYC.

c. Kingston Meetings 5/4 and 5/23 – had one and have one coming up on Monday. Contracting and Stormwater issues will be covered. Graydon from Delaware County, Jake Buchannan from Greene County, and Aaron from Ulster County are invited.

4. Flood Commission reports – Rick passed around a handout with the status of the Delaware County flood commissions. Conesville is up and running, Ashland will start next week. Conesville will be up after that.

5. CWC reports – Two months ago CWC approved a change to SW rules that will allow the CWC to pay where the city has not paid. CWC just paid the first one – Prattsville Plaza. They also paid the interest on that, not sure if they will be reimbursed for that or not. G&H property purchase will go before board in June. They will also be changing the rules to allow securing of oil tanks in a town with an LFA, not one in an LFA study area. Two months ago, they also allow elevations and stream projects that do not have an off-site flood reduction benefit. Tony asked when we would get the money that CWC has paid on behalf of the DEP. CWC is not sure how long that will take.

6. 25th Anniversary of CWT – We should try to get the people on Kelly’s list to the party.

7. Below the reservoirs – no reports

8. Warrants(s) and Treasurer’s report
Warrant #26 – Young and Sommer $7,551
Warrant #37 – Delaware County WSA $2,522.23
Warrant #38 – Hanah Resort – $500
Motion made by Merrill, seconded by Coombe. Carried
1,000.18 – Checking
100,618.78 – Savings
Motion made by Tuthill, seconded by Coombe. Carried

a. Dues payment update – not discussed

9. Other – Aaron was going to reach out to Ulster County so we can talk to him about the Supplemental Side Agreement. Kevin has already been talking to Greene County.

10. Motion to go into executive session to confer with council about the LAP. Motion made by Coiro, seconded by Coombe. Carried 7:40

11. Motion to come out of executive session made by Coiro, seconded by Tuthill. Carried. 8:01

12. Adjourn 8:02

Location: Coalition of Watershed Towns, Main Street, Margaretville, NY
Time: 6:15pm

Present: Greg Vurkio, Donald Murray, Mark Tuthill, Mike McCrary, Bruce Dolph, Tony Coiro, Peter Friedel, Ric Coombe, Jake Rosa, Tony Van Glad and Counsel Jeff Baker.

Others present: Alicia Terry, Tim Cox, Alan Rosa, Molly Oliver, Rick Weidenbach, Larry Underwood, Joan Lawrence Bauer, Paul Rush, Kelly Blakeslee, Frazier.

1. Call to order: 6:15

2. March 21, 2016 minutes approval – Motion to accept Tony Coiro, second by Mark Tuthill.

3. Update on WSP & Side Agreement, WR&R – Introductions were made to Paul Rush and thanked him for joining the meeting.
a. TAG – meeting scheduled 4/25/2016, Water Quality Group – Molly summarized the water quality assessment tool. Must submit ideas for the FAD on a date in June.
b. Ken Kosinski
c. March 29th WSP meeting report – Jeff summarized the outcomes of the 3/29 meeting. He characterized it as a productive meeting. There was agreement to address the WR&Rs, funding of partnership programs, bureaucratic roadblocks, the Side Agreement, WSP within the framework of the FAD process. Discussing a dispute resolution process. Development West of Hudson is nowhere near the scale and threat it is East of Hudson. Ric Coombe felt that decision makers get in a room and address the issues they could be resolved simply. Ric asked for examples. Jeff discussed the NCRA related to septic where there isn’t a failure. This is very costly involving legal and engineering fees let alone the delay costs. We are not suggesting anything that puts water quality at risk.

Frazier raised the design review process as too timely. Process is broken. Problematic in the stream program. Bruce summarized the stream work problem with the Hamden project as an example. Four years and still no approved design.

Jeff summarized the Side Agreement comments that the WOH put together. Such as assuring the unused portion of a parcel that is developable be allowed to be used and not subject to the easement. We also don’t agree with the 500 year floodplain. That metric has no parallel standing with any regulation or related to insurance requirements. For some of our communities restricting the 500 year flood plain would be harmed, because there are so few parcels to work with in the communities. The flood analysis should drive the identification.
i. Next steps

4. Environmental Group Letter, 3/11/2016 – Summarized the response to the letter. The only credible ones are signatories to the MOA and NRDC but they are signatory to the 2010 WSP. Political reality dictates that.

5. Flood Commission reports – Towns of Conesville; RFP has been issued for LFA and have interviewed consultants. Bruce asked that each flood commission submit information. Minutes would be fine. Jake reported on the Arkville LFA. Near complete with a few questions to address. Maintenance of depositions. Solutions are challenges. BCA’s are tough. They can show a flood elevation reduction but the BCAs don’t work out well because our homes have lower values. Andes has scheduled a walk through and meeting for May 9th. Walton is finishing up West Brook. Rick explained how the bridge replacement in cost benefit analysis skews things. Getting cost of solution to replace the entire bridge instead of incremental. BCA doesn’t include the water quality. Still should continue to pursue projects even if BCA isn’t met. Molly reported that things need to be more than just the BCA. Get the projects out there and pursue funding because there are other sources of funding available beside the FEMA money. Emergency services can be a major factor in the BCA. Need to look at projects that cross that include multiple LFA areas. Army Corps funding for Walton. Rick reminded everyone flood mitigation is a long-term process. You may need to do the projects in stages especially if a bridge needs replacement. It is fairly clear that many BCAs will not be met. Water Quality needs to be factored in.

6. CWC reports – no report

7. 25th Anniversary of CWT – Kelly reported on the results of investigating a forum and meals for the meeting from a variety of sources. Based on that information Tony Coiro motioned to use Hanah, seconded by Ric Coombe. Passed. Kelly went over the save the date flier. Frazier reported that Clayton Brooks was willing to speak. Alan Rosa agreed to talk a bit. Alan suggested Dan Ruzzow.

8. Below the reservoirs
a. Delaware – Handoff meeting with FUDR for the SCMP. First meetings with Tom Shepstone at Colchester went well.
b. Esopus
c. Schoharie – Paul Rush reported. Summer micro tunneling device on site to begin boring. Modeling to establish and upper level release in response to fishery requests. Intake chamber gate work. 35 to 65 day shutdown will be required. Also looking to take top water for releases into the Schoharie and keep the cool water pool for Esopus. It was a Dry winter. At the end of March it was quite warm, starting leaf out resulting in the need for drawdown. Very close to drawdown today. Took 600mgd out of Roundout, 560 mgd from Cannonsville, 360 mgd Ashokan, 150 mgd out of Croton. With Croton on line DEP was able to avoid draw downs.

9. Warrants(s) and Treasurer’s report
a. Warrants- Motion to pay Young Sommer, $ 3,737.00, Tony Van Glad, second by Tony Coiro. Passed.
b. Checking balance $993.05 Savings balance $110,732.74. Motion to accept the treasurer’s report Tony Van Glad, second by Tony Coiro. Passed
c. Annual dues are coming in. Overall, a large percentage have paid.

10. Other

11. Adjourn. Motion Tony V, second by Tony C ( T²). Passed.

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.

Present: Bruce Dolph, Mike McCrary, Jake Rosa, Diana Cope, Mark Tuthill, Pete Friedel, Greg Vurckio:

Others in attendance: Jeff Baker, Kevin Young, Jeff Flack, Aaron Bennett, Alan Rosa, Tim Cox, Molly Oliver and Frazier.

1. Call to order 6:17.

2. January 18, 2016 minutes approval. Mike McCrary Moved to approve. Mark Tuthill second. Approved unanimously.

3. Update on WSP & Side Agreement, WR&R-
a. Meeting with Paul Rush – Bruce reported that the meeting with Paul Rush and Dave Warne was unproductive. We went looking for solutions to the problems we have raised. The City was there on a fact finding mission. Attendees found it disturbing that the City acted like the issues were all new to them. NYC made it very clear that the suggestions the Coalition has put forward in the side agreement are non- starters. Second and equally clear is that they will continue to enforce the WR&R as they have.

b. The letter from Sylvia B. Rozzelle, Town of Olive Supervisor, was discussed. Sylvia is looking for clarification on the language regarding the categories used for selection. Olive’s decision is that they are willing to let the properties be eligible for buyout. The city is saying that they are not eligible because there is no offsite benefit. There was considerable discussion as to whether or not the properties would be eligible under Category I or Category 5. There is confusion among the parties. It was suggested that a meeting is needed to clarify what is eligible or not within the categories. It boils down to individual community decisions. Category I does not use BCA as the sole factor in decision making. The community makes the final decision based on a combination of factors. The damage experienced by the Boiceville properties does not reach a threshold of 51%. Boiceville will become a ghost town with the pending insurance rate increases so the community supports the buyouts. This subject will be on the forthcoming TAG agenda. Will compare the Sept 20, 2012 Agreement in Principle with the August 15, 2015 document. The City can do nothing without our agreement on the Water Supply Permit amendment. We need to clarify and amend the August 18th document because we can’t agree to a program that is not working based on what we have seen from the LFA outputs. The time to raise the issue is now while the WSP is in play. Category 5 was solely developed for properties outside the hamlet designation area. Watershed Affairs will make arrangements for the TAG meeting. February 29th is one possibility.

c. Executive Session – Mike McCrary moved to go into executive session for the purposes of discussing potential litigation regarding watershed rules and regulations. Mark Tuthill Seconded. Motion passed unanimously. (Kevin Young) asked that all honor the lawyer client privilege. Everything is confidential. Not to be disclosed outside of executive session.
Mike McCrary moved to come out of executive session. Dianna Cope second. Passed.
Mike McCrary motioned to take legal action with regard to Waste Water Treatment Plant use for septic pump outs from City funded individual septic systems. Second by Jake Rosa. Passed.

4. Flood Commission reports – Andes has a walk about being planned on March 4th followed by a public meeting. Walton Flood Commission decided to go back and do more work on their BCA. East Branch is doing more analysis on Arkville projects. Bruce announced that once tax season is over he will be attending other community’s flood commission meetings. Shandaken- the final, final draft report is in the Town Boards hands. 40 plus in attendance. They will be doing more outreach. It appears that the BCA doesn’t work for rural low density communities.

5. CWC reports- no report.

6. 25th Anniversary of CWT – no action taken on save the date.
a. Role of and forms of outreach at CWT – no action.

7. Below the reservoirs
a. Delaware – subcontracts nearly complete moving ahead.
b. Esopus –
c. Schoharie –

8. Warrants(s) and Treasurer’s report – No warrants presented. Treasurers’ Report- Peter Friedel moved to accept the treasurer’s report and Mark Tuthill seconded the motion. Passed.

9. Other – none

10. Adjourned – Motion to adjourn Mike McCrary. Jake Rosa second. Passed.

Present: Greg Vurckio, Art Merrill, Peter Friedel, Mike McCrary, Bruce Dolph, Mark Tuthill, Jake Rosa, Toni Coiro, Bonita Chase, Don Murray, Ric Coombe, Toni Van Glad. Counsel – Jeff Baker

Others present: Al Rosa, Tim Cox, Molly Oliver, Jeff Flack, Aaron Bennett, Alicia Terry, Frazier.

1. Call to order: 6:16 PM

2. Minutes: Move to accept December 2015 minutes by Toni Coiro, seconded by Peter Friedel. Passed.

3. Update on WSP & Side Agreement, WR&R
a. Meeting with State Reps – It was the general view among those on the CWT board that attended that it was a productive meeting. DOH Pam Young et al, Tom Snow and Ken Kosinski and Phil Sweeny attended. The overall sentiment was that the State and Fed regulators, in some cases appeared surprised at the blatant and absurdity of overreach. They expressed disappointment that flood mitigation is going so slow. Ken Kosinski will meet with technical staff to discuss the stormwater issues. It also became apparent during the meeting that the City has been circulating proposed changes of the WRRs with the State and Feds. Jeff Baker was requested to look into the possibility of getting a copy of those drafts so that the CWT can comment.
b. Jan. 25, 2016, Grahamsville – Meeting with Paul Rush. It is a small group, by invitation from Paul Rush. It is anticipated the following are invited: Bruce Dolph, Tony Coiro, Mike Triolo, Jim Eisel, Tina Molé, Bob Pelham, David Brooks, Rich Parete, Mark McCarthy, Alan Rosa and Tim Cox.

4. Flood Commission reports
a. Delhi is in the information, outreach and data collection phase. Walton has now done West Brook and will be contacting potentially affected landowners in advance of a public meeting.

5. CWC reports –
a. Programs will be open all year for applications; not one time per year.
b. CWC has met with G&H Lumber. Informed them they can come to CWC for funding to buy the property.
c. Letter from Alan Rosa regarding DEP’s decision to now require that the replacement of fail septic tanks now requires DEP approval, which heretofore has not been required for the past 17 years of the program. DEP now requires that a design be done for the leach field prior to replacing the tank. It has taken over two months to respond to the failure of a system in the Town of Delhi. Meanwhile all that “bubbly goodness” going untreated, is rising to the surface.

6. 25th Anniversary of CWT –
a. After much discussion the board settled on the first Saturday after Labor Day for the event. It could start as early as 4PM. All past CWT members would be invited, as well as, all municipal board members from the member towns. Representatives from DEP such as past Commissioners, DEC and DOH as well as our local state representatives will also be invited. Three suggested locations are: the Margaretville Pavilion, Hannah, and Bellaire. We should budget approximately $25/head or a total of approximately $5,000. CWT members can bring a guest. Founding members and other invitees will be asked to talk about the history of CWT, etc. Jeff Baker offered that he would discuss with his firm the possibility to assist with funding. Tony Coiro suggested sending out an email to potential invitees to gauge their interest in attending. A formal invitation would go out with an RSVP.
b. Role of and forms of outreach at CWT- not discussed.

7. Below the reservoirs
a. Delaware – Consultant for the SCMP in the tailwaters has been hired. Contract under development. It was noted the need for more WMBE businesses in the watershed counties as there are far and few between. Del. Cty. Economic Development will hold training for WMBE certification sometime this year. It takes about a year to become certified. Frazier reposted on the DRBC Flood Advisory committee meeting in West Trenton NJ. There is some talk of trying to get uniform buffers the full length of the river. Delaware County has opposed that in the past. The issue has a way to go to even have discussions, but the point was to be aware that someone is always trying to come up with more ideas that restrict or control land use, that have nothing at stake in our area.
b. Esopus – no report.
c. Schoharie – no report.

8. Warrants(s) and Treasurer’s report. Warrants $2,534.99 Young, Sommer, Inc., Delaware County department of Watershed Affairs for $2,372.53. Tony Coiro motioned to accept; Tony Van Glad seconded, passed. Checkbook and savings balances could not be found in the Executive Committee binder, so they will be presented next month. Regarding membership dues- some have paid and others should begin paying right along.

9. Correspondence – The letter from CWC regarding replacement of a failed septic tank was distributed. CWT should write a letter to support the CWC letter. Mark Tuthill moved to direct Counsel to write a letter in support of CWC’s letter regarding the failed septic tank. Peter Friedel seconded the motion. Passed.

10. Other: N/R

11. Adjourn- Motion to adjourn Tony Coiro. Second by Peter Friedel. No discussion. Passed. 7:02PM.

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 15^th and Thursday the 17^th.    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 25^th 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.

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.

Balances:
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.

[The names of those in attendance were not given in the minutes.]

1. Call to order 6:17

2. Motion to approve the September 21, 2015 minutes made by Jake Rosa, Seconded by Mike McCrary, passed unanimously.

3. FAD/WR&R – Kevin Young presented evidence of and explained the White Paper and “Plan of Action/Relocation Toolkit.” Evidence included data from DEP with permit variance and applications and made to DEP and the number that were approved or denied over the last 10 years.
a. Kevin reviewed a specific case, as an example, of a lodging facility that opened a spa on an adjoining parcel and had to get 7 variances to do a use that used less water than the original use, when the original use was no longer allowed by the zoning, and the proposed use was allowed.

b. Summary – a lot of good has been done, the partnership has worked, and we have learned a lot and now we want to reopen some of these discussions. Funding the Partnership Programs has made a large difference in water quality. Regulating us has not made a significant impact. We are worse off economically than we were 17 years ago in parts due to 1) the upstate economy and 2) in the watershed because of regulatory enforcement that does not yield water quality benefits, especially on small business.

c. What has worked – getting NYC to fund the cost of strict regulations. There are gaps in the funding that need to be filled. Sewer systems have been very successful. What has not worked is lack of funding to assist small business compliance with regulations – very difficult environment for small business. RE: sewer/septic, NYC upgraded all of the WWTPs, but a change of use of an existing septic system would require it be brought up to regulations. We need a Small Business Program which is the same thing they are doing for residential, but not waiting until failure of the system.

d. Enforcement from DEP – DEP employees in the field are simply enforcing the rules and doing the job assigned to them by their department. Their rigid enforcement reflects a departmental culture.

e. Fixing septic systems have very little to no water quality impact according to DEP. So, why is it regulated? Hence the need for funding for regulatory compliance. WWTP costs are completely cost prohibitive. So either a business has to be connected to sewer or expand a septic to expand the business (the latter being VERY unlikely with the regulations as they currently exist.)

f. White Paper suggests that Catskill Fund for the Future should be refinanced.

g. City regulations incorporated 1988 DEC design standards for stormwater and an out of date general permit. So they are being updated.

h. Generally, we should be more proactive. There is a huge disconnection between the economic and social reality of this place and what the regulators believe about this place.

i. Some board members believe the White Paper represents a “huge lift” but we do need to make sure that the city is paying for the difference in costs outside the watershed enforced by the state and those inside the watershed by DEP.

j. It was suggested that Kevin and Jeff attend the TAG meeting. Additionally, a survey to support the work of the TAG was suggested.

k. Kevin suggested that the CWT should petition the CWC to support them in submitting a proposal to NYC to open up some negotiations on the WRR.

l. Mark Tuthill moved to pass a resolution authorizing Jeff and Kevin to work with the TAG and coalition members, to develop a regulatory program to propose to the city and state along the lines of the White Paper to increase regulatory flexibility for small businesses and institutions and gain additional contract financial resources from the city to implement the programs through the CWC. Seconded by Mike McCrary, passed unanimously.

m. Chairman asked that Jeff or Kevin to lay out all of the steps of this process to share with CWT.

4. WSP/FBO/Process Comments – Kevin leads a discussion re: the recently release draft permit language and supporting documents. Kevin suggested that there are flaws in them that can be used as leverage if the CWT chooses. CWT is very hesitant to do that as a first step, preferring to take the high road first working with DEP to achieve CWT goals.
a. Bruce recommends that each county compile a list of how many people will be impacted/eligible for this.
b. Kevin suggests that if a community opts into the inundation program it should be very cautious as an “Outreach Lead” could in essence act as a realtor. Working on commission, motivated to make sales, not protect the community.
c. NYC approached CWC to do the education and outreach, but were going to pay $500 per town that opts in. Because this is lobbying, CWC is not allowed to do that.
d. Kevin and/or Jeff will get revisions to the CWT board by the end of the week.
e. Side agreement has to be signed by the CWT and the Counties. Bruce said to send the side agreement to the Counties so they can review it.
f. Tony VanGlad wants Tim and Alan to see and add to the comments of Jeff and Kevin.

5. Flood Commissions reports – no report

6. CWC reports – none to report. Preparing for the 25th Anniversary of CWT
a. Role of and forms of outreach at CWT

7. Updates
a. Kurt Ossenfort proposal – Jeff reported that he has a huge amount of data that needs to be hosted somewhere. We also need to figure out where to store that data. Jeff will talk to Alan about this.

8. Marge Miller (Town of Middletown Supervisor) Formation of land trust to acquire developable parcels – Jeff spoke with Marge, Catskill Fund for the Future might be able to host this. Will be discussed further.

9. Below the reservoirs
a. Delaware – Water Water Everywhere going on the 19th and 20th. The Stream Corridor Management Plan Kick-off meeting was held on October 7th, and went very well. Waiting on contract from DOS.
b. Esopus – Aaron Bennett said the Draft EIS for the CAT-Alum SPDES permit is still out for review by DEP. No timeline associated with that.
c. Schoharie

10. WAC – CWT letter to WAC was not well received. WAC will be meeting with DEP soon.

11. Warrants(s) and Treasurer’s report –
a. Tony VanGlad makes motion to accept the Warrants:
Claim #27: Young & Sommer $2,849.00 – professional services and legal expenses
Claim #28: 28 Delaware County Department of Watershed Affairs $3.40 – postage reimbursement
Seconded by Mark Tuthill, passed unanimously.
b. Accounts –
checking $1,000.09
savings $92,838.33
VanGlad makes a motion to accept the treasurer’s report. Seconded by Tuthill, passed unanimously.

12. Correspondence – none

13. Other
a. Alternates. Jeff will draft a procedure to determine which alternate gets to vote in the case a regular member is not in attendance. We will decide at the beginning of the meeting who will act in the place of the regular member. If a member resigns, the remaining members will decide at that time which alternate will replace the member. Will discuss further at the next meeting. We also need to determine a system to get back into the staggered terms.

14. Motion to adjourn at 8:15 made by VanGlad, seconded by Coiro. Passed unanimously.