Present: Tony Coiro, StephenWalker, Bill Layton, Bruce Dolph, Linda Burkhardt, Pete Bracci, Ric Coombe, MikeMcCrary, Counsel Jeff Baker.   Catherine Magarelli, a potential member from Town of Woodstock..
 
Others present: Rick Weidenbach, Aaron Bennett, Michelle Yost, Tim Cox, Dean Frazier, Jeff Skelding – Director of Friends of the Upper Delaware River.
 

1.  Call to order:  6:15 PM
 

2.  Minutes – Feb 17, 2014 minutes: Motion to accept as amended Linda Burkhardt; second by Bill Layton.  Passed unanimously.
March 17, 2014 minutes: Motion to accept Ric Coombe; second by Linda Burkhardt.  Passed unanimously.
 

3.  Privilege of the floor – Friends of the Upper Delaware River (FUDR)
Jeff Skelding spoke on behalf of the FUDR.  Members of FUDR are avid fly fishermen that flock to the Upper Delaware and its tailwaters to enjoy fishing the world class cold water fishery.  These reaches of the river system are naturally restocked.  They are particularly interested in releases of greater volume and greater uniformity from both the Cannonsville and Pepacton dams to enhance the fishery.  They have partnered with the Villages and Towns of Hancock and Deposit and the Town of Colchester in developing a unified statement for improvements to the forthcoming Flexible Flow Management Program, as well as, the City’s Operation Support Tool (OST).  It is a nonprofit organization funded by its membership.  They are partnering with the same municipalities to seek funding for the development of stream management programs in the area.  They are a party to the recently released Upper Delaware River Cold Water Fishing and Boating: Economic Impact Study.  Adding to Jeff’s comments Dean talked about the economic significance of these fisheries.  It was also mentioned that over the last 3 years, 44 weekends have been lost due to inadequate or non-uniform releases.
FUDR is a community minded organization doing fundraising, such as their “One Bug” competition April 25 – 27 in Hancock.  They look forward to any collaboration with the CWT wherever and whenever possible.
 

4.  Reports:
Relocation subcommittee – April 15, 2014 report and discussion of comments related to the NYC voluntary FBO program.
Carl summarized the discussion from the 4/15 meeting.  A slide show was presented by Margaret Irwin a consultant who has worked with Prattsville, the Town of Union, and the Town of Sidney under the State’s New York Rising program to illustrate what the potential may be for communities to address flood buyouts and relocations.  There was clear discussion that the voluntary NYC Flood Buyout program is not designed to do what NY Rising does as the NY Rising program has broader objectives and programs looking at a community wide systematic approach beyond flood mitigation.
 
In terms of funding, the NYC FBO program is not as broad in scope.   NYC supports the principles of New York Rising, but its FBO program is not designed to finance comprehensive planning that could be useful in all steps, especially Phase II, of the LFA.  Both programs require an LFA.
 
One leading participant in the overall discussion expressed a preference to have an overarching, community-makeover design in place and all funding sources for such a plan orchestrated (at least to have identified all the funding gaps) to ensure that issues identified in a preliminary LFA will not be set up as priorities to be acted upon immediately before the community has had time to consider undesirable and unintended consequences that may result from hasty implementation.  One such concern is that parcels identified in an LFA as causing a choke point on the waterway under investigation might be deemed a good candidate for the buy-out program, but if purchased, could create a financial risk for the owner(s) and/or community if there is no funding available to resolve the risk.
 
Subsequently, another participant in the discussion raised a concern about waiting for such an overarching plan to be in place before any community action could be taken.  At the CWT meeting Carl read a statement from William Harding of NYSDOS.  Paraphrasing that statement (for the purpose of these minutes) it was Mr. Harding’s opinion that if the relocation group were to press for funding for comprehensive planning efforts funded under the NYC FBO, particularly without an LFA, that the City’s funding  could easily sit untapped with the result that very little would be accomplished.  He recommended that communities use the NYC FBO funds as intended so as not to lose the opportunities provided for under the City program and work toward finding additional funding for comprehensive planning efforts if a community wishes to pursue Phase II of the LFA in that frame of reference.
 
The discussion of the CWT Exec Committee overwhelmingly supported the need for using the science of the LFA first, regardless of using the City’s FBO approach or the NY Rising program approach.  The science would inform critical decisions by communities relative to both non-buyout and buyout mitigation efforts.  It was also recognized that it could be used to assist in decision making relative to buyout and relocation efforts.  The general conclusion of the Executive Committee was that the LFA would identify where, if voluntary buyouts were to occur, the best return for money invested to reduce flood elevation levels.  Additionally, given the priorities of the program, non-buyout mitigation efforts (low hanging fruit) that reduce flood elevations significantly should be the first priority with buyouts and/or relocations coming later and communities would need that information regardless of buyouts occurring or not.  In response to unintended consequences, the negative risk potential discussed above, many noted that there is risk in anything a community does involving a major project and that is an accepted factor in any decision making.  Additionally, it was noted that there is risk involved when specific properties and circumstances are identified a community’s All Hazards Mitigation Annex and when the town board approves FEMA’s new flood plain maps.
 
Carl reported that the CWC relocation funding provides no funding for planning needs.  Jeff Baker suggested that the CWC board could be lobbied to amend the CWC’s Catskill Fund for the Future program, indicating there is not a legal barrier to do so.
 
Michelle Yost recommended that if communities choose to go through Phase II that they document the planning gaps in the process for future use in pursuing funds either from NYC, State or other funding sources.  Acknowledging there will be some communities that do not have planning assistance to move them from Phase I, the LFA study, to Phase II, implementing projects, especially for large projects involving relocations, Michelle commented those communities will likely lag behind others with support (e.g., those in NY Rising Community Reconstruction) in getting projects off the ground and seeing results from the LFA.
 
Regarding program rules for the Relocation Program, Alan reported at the 4/15 meeting that the CWC would only share the program rules once they are approved by the CWC board.
 
Carl offered to post any additional comments, pertaining to the Flood Buyout Program from CWT members or agencies on the website.
 

5.  Updates:
a.  WIG issue – nothing to report.
 
b.  Status of:
i.  Contracts – CWC, Stream Programs – No contracts signed at this time.  Still within NYC process.
ii.  FAD – N/R
iii. WSP – Modifications are dependent upon completion of buyout program is finalized.

c.  Kurt Ossenfort proposal – still out there.  Has not responded to Counsel.  Needs to follow-up.
 
d.  Outreach –
i. Michelle informed those present that there are rack cards available announcing the Month of May activities and workshops.  Need RSVP to participate in some programs being held by the Greene County SWCD.
 
ii. Carl reported that there is no online option with WordPress to register a domain name for three years.  He registered the domain name for one year only, to be renewed annually.  The current cost for one year is $18.
 
e.  Below Dams –
i. Delaware River Below Dams Initiatives – covered under Jeff Skelding’s presentation, with the exception of noting that FUDR is collaborating with Delaware County on behalf of the municipalities to apply for project and program grants in the tailwaters.
 
ii. Consent Order – Esopus – Aaron noted that the issues raised by FUDR are very similar to the same ones noted on the Lower Esopus in recent years.  Aaron reported that on May 12 at 3 and 6 PM there will be a public scoping session at SUNY Ulster (491 Cottekill Road, Stone Ridge, NY) regarding the Draft Scope for the Modification of the CATALUM SPDES Permit Environmental Impact Statement.
 
f.  Dues – Tony Coiro suggested it was misleading to say some towns were in arrears when, in fact, the date due for that town is not until mid-year.  There was also some discussion regarding the methodology used to determine amount of dues paid by muni’s to the CWT.  It was noted that John Meredith developed the criteria.  It was suggested that the executive committee be updated on those criteria.
 
g.  Meeting with NRDC – March 21^st – CWT members that attended (Carl S., Bruce Dolph, Pete B., Jeff B.) the March 21, 2014 with representatives of the NRDC (Eric Goldstein, John Adams, Mark Izeman, Ramsay Adams) had mixed comments about the meeting.  Some felt positive toward the discussion others, not so much.  There was a general sense that some collaboration could lead to mutually beneficial results, but also a sense of caution as the differences between the two parties could be problematic.  Most believed developing an ongoing dialogue was worth the effort, if for no other reason than there could be points in time where the parties could team up together for a common cause.
 
h. Riparian Buffer Program – DEP has released RFPs for the RBP.
 
i.  Warrants and Financial report.
Bill Layton reported read the treasurer’s report: $1,015 in checking; $88,580.27 in savings.  Ric moved to accept the report.  Stephen seconded the motion.  Passed unanimously.
 
Bill read the warrants.  Linda moved to pay the warrants.  Ric seconded the motion.  Motion passed unanimously.
 

6.  Correspondence – Email from William Harding.  Draft letter from Kevin Young.
 

7.  Other – Carl discussed the letter drafted by Kevin Young on behalf of the CWT pertaining to what seems to be an increasing tendency on the part of the City to challenge the grandfathered Non-Complying Regulated Activities (NCRAs) status of businesses (on the basis of a supposed increase in usage intensity) and of residences (on the basis of supposed vacancies of unacceptable time durations).  Carl continued his discussion on the premise of his understanding of the motion at the last meeting, that once Kevin Young provided exhibits indicative of the City’s tendency toward over-zealous enforcement choices, CWT had moved to enable Carl to sign it and give Jeff Baker permission to further investigate the issues.  Ric commented that his understanding of the motion was not the same as Carl’s.  His recollection of the resolution was to have Kevin draft a letter (with accompanying examples of where these putative violations had occurred) for the Executive Committee to review and approve and subsequently consider a motion for Jeff Baker to take action if satisfied with the letter before Carl signed it.  The board considered the need to move an additional resolution to give approval for Carl to sign the letter, but with further discussion and input from Carl on his understanding of the prior meeting’s motion, the board decided another motion would not be necessary and agreed that Carl could sign the letter.
 

8.  Adjourn.  Motion to adjourn Stephen, seconded by Linda.  Passed.   8:25 PM.

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 19^th 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 19^th meeting, was held March 14^th 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 1^st 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 21^st 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.

Present: Carl Stuendel, Bruce Dolph, John Van Benschoten, Stephen Walker, Michael McCrary, Tony Coiro, Linda Burkhardt, Counsel: Jeff Baker.
Others in Attendance: Todd Pascarella, Tim Cox, Graydon Dutcher, Aaron Bennett, Rick Weidenbach, Michelle Yost, Dean Frazier. DEP guests: Jeffrey D. Graf -Chief, Watershed Lands and Community Planning and Beth Reichheld – Program Manager of DEP’s Stream Management Program (SMP).

1. Call to order: 6:18 PM

2. Minutes: Moved to approve Bruce Dolph, Seconded by Michael McCrary. Approved as amended. Eliminating the word the prior to the word that in the second line of the 4^th paragraph under #5. Right of Objection.

3. Privilege of the floor – DEP – Stream Implementation Spending
Carl introduced Jeff Graf and Beth Reichheld from the DEP to discuss expenditures to date by the DEP on the Stream Program.   They explained the rationale behind the spending for Phase I of the Stream Program from 1995 through 2007 of $28 million; spending plus the committed funds to complete obligations not yet implemented for Phase II from 2007 through 2013 of $30 million. Phase III funding commitment of $46.4 million excluding flood buyout funds plus $2.7 million for continued professional development. All funds include administrative costs. Administrative costs as a percentage of dollars committed is rapidly changing toward more implementation now that the programs are established. These funds do not include the millions of outside sources of funding that added to this total for example, the 3.1 million implemented in Delaware County and those projects in the other stream program projects.

A history was provided of how the program began in 1996 and evolved to date.
Phase I involved training of staff for in house expertise at the local level, organizing local committees to drive local decisions, pilot projects for implementation and inventory of all streams and conditions. This Phase was very labor intensive. In excess of 1,000 stream miles were walked. The primary goal was to identify problem areas, establish data to use as baselines for the development of the program and establish local expertise that address water quality and simultaneously address local needs. Streams were measured and analyzed to determine what problems existed and where changes to stream systems would be beneficial. Four programs were set up in each stream program effort including highways, recreation, stream corridor decisions and education and outreach that reported to the local Project Advisory Committees. The PAC would vote on proposed projects and members include elected officials. For example, in Delaware County the PAC voting members are elected town supervisors or their designee.

Phase II, Implementation, included:
19 flood mitigation projects
46 stream bank projects
23 stormwater related projects
8 other projects ‑‑ post flood emergency response Massive amount involving millions of work federal share 75% and city share 25%.
133 Riparian buffer projects

Floods related to Lee and Irene influenced a large shift toward flood mitigation issues and is reflected in the funding for Phase III. Phase III funding includes money for the LFAs, SMIPs, the CWC relocation fund, and voluntary buyout program option for municipalities. Reports are required by the FAD from the stream programs.   The Phase III program flood buyout program is a community based decision. No one is forcing a municipality to utilize any of the programs in Phase III.

The DEP’s website is being developed to include a click point that anyone on the internet can go to for each project. It will show it on a map with pictures and any available costs associated with the design and the final construction cost.   The board was reminded that it’s not just the flow of water but the ability to assure the best sediment transport possible and is the stream capable of that in its current state. Phase II involved implementation in earnest and putting projects on the ground.

4. Report – January 23rd   FAD $15 million (voluntary) flood buyout meeting. Counsel summarized the discussion and output from that meeting. The DEP laid out an outline to begin discussions. Very similar to the position put forth by the CWT. The next meeting will involve more detailed discussion. Discussion ensued regarding the flood buyout program and relocation program. Anchor business is exempt from host community approval. Buyout will require a change to the WSP. CWC jurisdiction does not currently include funding for relocations outside the designate hamlet areas. It was suggested that the Flood Mitigation Program needs to be able to address orphan properties outside hamlet designation areas, including the SCWDs. A discussion about the ability to move a school independent of community approval was tabled. Should go to negotiations. A discussion needs pursuing at the next meeting set aside up to $8 million for orphan projects and the need to get information on the universe of such properties and criteria for eligibility.

5. Right of Objection – A brief comment that it is necessary in order for the CWC to transfer the money’s into the future stormwater fund. Without it they could not front load the stream programs in light of a shortfall prior to completion of contract registrations.

6. Windham Mountain Sporting Club Project – Report on the project. Role of the Watershed Inspector General. – The Coalition discussed the challenges being posed by Phil Bein, Watershed Inspector General (WIG), at a project in Windham. Issues at hand include stormwater regulations.   Counsel stated the WIG’s role is not that of a regulator, but he is inserting himself into the process. It is a watchdog position created by the MOA with the purpose of monitoring the City and State for violations of their own regulations. Michael McCrary moved the following:
Whereas it would appear the WIG has interjected himself into the Windham Development project that exceeding his jurisdiction. The Coalition of Watershed Towns therefore resolves that Counsel write a letter to the Attorney General and copy the Governor’s office to express the concerns of this interjection and to attach the Executive order outlining the WIGs jurisdiction.
Bruce Dolph seconded the motion. Motion carried unanimously.

7. Updates:
a. Final FAD- Goal is to have to EPA by April 30.
i. Contracts – Phase III contracts with the stream program and the CWC program are getting closer to finalization. Counsel reported that he will be seeking information relative to the scope of work in each contract, the timeline of existing contracts and at which point existing contracts will run short of funds. The 12-18 month time frame for registration is far too long and will create funding gaps if not addressed. His most urgent concern is to assure that these financial commitments are part of the 2014-2015budget. He wants to assure that funding for the CWC appropriately compliments the SWCD and CCE stream contracts. The CWT is not interested in micromanaging anything, they wish to assure that these component relationships work well.
ii. Questions regarding FAD status and progress: Town of Middletown and Villages of Margaretville and Fleischmanns.   Fleischmmans’ Mayor Pascarella expressed concerns about a lack of information and understanding about the voluntary Flood Buyout Program. The primary concern is to not depopulate the community and lose the tax base. The City responded that they will only participate as a resource and cooperator in this voluntary effort where a community chooses to consider the buyout option that is available to them. The decision to participate is the communities. It was stated that the relocation program at the CWC was established in part to help keep communities whole where communities choose to participate in that the CWC and other funding sources could help relocate a qualified business or home in the same municipality. Linda Burkhardt reinforced Mayor Pascarella’s concern.

b. Kurt Ossenfort proposal – nothing to report.

c. Outreach – Report on Watershed Summit: Michelle Yost – great attendance, great presentations. Kudos to Michelle for another great job.

d. Below Dams –
i. Delaware River Below Dams Initiatives – things are moving forward with regard to the collaborative effort between the Villages of Hancock and Deposit and the Towns of Hancock, Deposit and Colchester and the Friends of the Upper Delaware River pertaining to the near term concerns with the FFMP and the longer term perspective for the Upper Delaware River Tailwaters.
ii. [Approved April 21, 2014 to read:] Consent Order – Esopus – Aaron Bennett reported that the $2.74 million fine has been allocated as follows: $2.64M of that is for Environmental Benefit Projects including $2M for stream restoration projects, $10,000 for fish stocking, $200,000 for the development of a stream management plan, $350,000 for stream gauges (including a new one at Lomontville, Town of Marbletown, that went “live” in November), and $80,000 to hire a technical consultant for communities to hire a technical consultant for communities to hire to help in the environmental impact statement review process. (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.)

e. Dues – Status of accounts: Carl reported that he had met with the Town of Stamford and that he asked them to stand in solidarity with the rest of the Towns. They questioned the formula for calculating the dues and why the Town of Stamford, the Villages of Hobart and Stamford also pay dues when the Town is paying $1,000.

f. CWT Website – Carl reported that he will enable the CWT to post meeting minutes on line for better transparency for the public at large. He also informed the CWT could post a news letter on this site, but that he would need help from members to make this work.

g. Meeting with NRDC – still pending.

h. Riparian Buffer Program – City RFPs for the Program. None have been released. Counsel will look in to this. Stephen moved to have Council write a letter to the DEP requesting information from them as to what the status of the RFPS are. Seconded by Linda Burkhardt.

8. Warrants and Treasurers Report.   Bruce moved to pay the warrants and accept the treasurer’s report. Seconded by Linda Burkhardt. Passed Unanimously. Checkbook balance $1000.16; Savings balance $103,289.47.

9. Correspondence – noted.

10. Other – none.

11. Adjourn: 8:45PM. Moved by Bruce Dolph, no discussion, seconded by Mike McCrary. Passed.

Present: Peter Bracci, Tony Van Glad, Bill Layton, Bruce Dolph, Linda Burkhardt, Ric Coombe, Michael McCrary, Tony Coiro, John Van Benschoten, Carl Stuendel, Counsel-Jeff Baker

Others Present: Alan Rosa, Tim Cox, Dan Ruzzo, Rick Weidenbach, Michelle Yost, Jeff Flack, Dean Frazier, Aaron Bennett, Watershed Post – Lissa Harris.

1. Call to order: 6:17 PM
2. Minutes: Motion to approve minutes; Tony Van Glad – Second Bruce Dolph. Motion carried.
3. Privilege of the floor ‑‑ Carl Stuendel reported that Robert Beebe had informed him, Bill Layton, and Nancy Roberts (Town of Tompkins bookkeeper who challenged Mr. Beebe regarding values listed in what was assumed by the towns of Andes, Middletown, Roxbury and Tompkins to be completed templates) that the Article 7 proceedings had been dropped by the City when they realized that even using rough estimates to fill-in values for line items in the template form that had been agreed upon, the city saw immediately that the Town had for taxation purposes not overvalued the City’s underwater land holdings.  Mr. Beebe indicated that he had accomplished his goal when the city agreed to drop its proceedings.  He and the City left it at that and never proceeded to  determine actual values for all the line items in the template, especially the ones where he and the City had not come to an agreement on the methodology to be used to arrive at a value.  In the future if the towns choose to modify the valuation of the lands underwater, they could then opt into the TLAP program negotiated in the Dec 2010 Water Supply Permit.
4. Outcomes – FAD $15 million (voluntary) flood buyout meeting.  Carl asked Counsel to summarize the Friday January 17^th meeting regarding the proposal the CWT would like to put forward to the larger group.  He suggested the goal is to finalize things and try to get into the FAD by mid-April.  This fund is an extender to the CWC and SCMP funds.  Seeking up to $8 million for the homes and outlying parcels that weren’t or could not be covered under FEMA.    The Balance to be used to compliment the LFHMA and Stream efforts on improved properties strictly for flood purposes.  The existing Land Acquisition Money can be used in a willing seller willing buyer scenario subject to the new criteria in the 2010 Water Supply Permit, for purchases of non-improved parcels.  Questions remain as to eligibility of second homeowners.
   There was some sentiment that if addressing a second home would relieve flood issues it should be included.  If they involve water quality then they need to be included.  Administration of the program is complex.  CWT wants the City to cover administrative costs.  There are questions about who will own the land.  There are plusses and minuses for communities.  It was suggested that homes outside the hamlet areas be given a time limit with regard to ownership to avoid undesirable outcomes such as the possibility of flipping properties. The goal is to have a program with more flexibility than FEMA.  Unlike FEMA this program must address water quality as well.  Currently, CWC rules do not include relocation for outlying properties.  There needs to be a discussion on Jan. 23^rd as to how to handle these properties.  There is a need to identify the size of the universe, regarding all types of properties that may be eligible.  No action taken, but the Board was supportive of the issues presented by Counsel.
5. Right of Objection ‑‑ Extensive discussion regarding Right of Objection (RO) on projects being funded by DEP took place.  There is concern, that it is not clear how much money and where it is being spent by the City on stream programs.  It was suggested that the City should be required to do RO’s on stream projects under the auspices of SWCDs and Cornell Cooperative Extension of Ulster County (CCE/DC).  Options to the RO process were discussed. Following thorough discussion the CWT board concluded that transparency is what is really at the center of the debate.  The CWT board sought the easiest, least costly and most efficient process.  Feedback from the SWCD groups and those representing CCE/UC indicated that the easiest way to address the transparency question was by providing to the CWT and CWC and other watershed parties (electronically) the same periodic reports that are required under their respective contracts or by the FAD.
   Bruce Dolph moved to rescind the resolution pertaining to the Right of Objection requiring the City to provide them at the January CWT Board meeting.  Motion seconded by Bill Layton.  Motion carried.
   Linda Burkhardt moved to request that the SWCDs and CCE/UC provide reports for Counties West of the Hudson quarterly and annual reports of all stream management programs to the CWT board and any other interested party, such as the CWC.   Peter Bracci seconded the motion.  Motion carried unanimously.
   Mike McCrary suggested that if after three months if this seems to be working well that the CWT request that the DEP voluntarily make available all their expenditures in the watershed and in support of watershed activities.
6. Updates:
   a) Kurt Ossenfort proposal- nothing to report
   b) Outreach Reminder – Annual Watershed Summit, January 25, 2014
   c) Final FAD – Counsel reported that the goal is to incorporate contractual obligations into the FAD. (See #4 above.)
   d) Below Dams –
   **Delaware River Below Dams Initiatives – Dean reported progress with towns and villages below the dams is moving forward.
   **Permit / Esopus – All quiet at this time.
   e) Dues Follow-up – Carl reported there have been discussions with Stamford/Mike Triolo, no decisions;  he will be in touch with Deposit/Tom.   Ric Coombe reported that Fallsburg is not interested, as so little of the Town is in the watershed.
   f) Still pending – a meeting with NRDC.
7. Website: Carl restated his offer from the November meeting to create a website for CWT, but others need to volunteer to create the content.
8. Warrants – Bruce Dolph moved to pay warrants.  Second by Bill Layton.
   Checkbook Balance:    $1,015.00
   Savings Account:        $88,590.27
9. Correspondence pertaining to the Margaretville Resolution and Windham Mountain Sporting Club Project was acknowledged.
10. Other – none
11. Adjourn: Move to adjourn – Tony Van Glad.  Second Linda Burkhardt.  Passed. 8:45 PM.

There was no meeting held in December.

Present:  Bill Layton, Carl Stuendel, Bruce Dolph, Tony Coiro, Linda Burkhardt, Bruce LaMonda, Pete Bracci, Ric Coombe, Michael McCrary, John VanBenschoten and Counsel Jeff Baker.

Others in attendance:  Al Rosa, Tim Cox, Phil Eskeli, Graydon Dutcher, Rick Weidenbach, Aaron Bennett, Karen Router, Michelle Yost, Dean Frazier.

1. Call to order – 6:17 PM
2. Minutes – Minutes were accepted as written.  Moved by Ric Coombe, second by Bill Layton.  One abstention.  Passed.
3. Privilege of the floor
   1. Local Flood Hazard Mitigation Analysis Presentation by Graydon Dutcher, Stream Corridor Management Program Coordinator, Delaware County Soil and Water Conservation District.  Graydon Dutcher gave a presentation on Floodplain Mitigation.  He discussed the purpose and goals of the engineering analysis and how this would serve communities who participate in the flood mitigation program in the NYC watershed.  He differentiated what the EWP program does versus what would be done for practices under the LFHMA.  He also discussed how the principles of the LFHMA were merged in the EWP effort with USDA to incorporate additional flood mitigation efforts beyond just repair typically utilized in the EWP.  Graydon and representatives from other county stream program members responded to questions and comments. Carl thanked Graydon for his presentation, noting two items that were especially pertinent with regard to the programs to be developed within the context of the FAD midterm review: decisions must be based on the science Graydon was presenting and community involvement/approval is critical.
   2. Other – none
4. Dues notice and discussion –  Counsel and the Exec. Committee discussed the status of the letters going out to communities.  Carl signed the letters for mailing.  Carl also commented on the concerns raised by Stamford and Deposit.  After much discussion, it was agreed that Carl and Jeff should consult with both Deposit and Stamford again to make sure full and adequate communication has occurred before making decisions about ongoing CWT service for these towns.
5. Updates:
   1. Revised 2007 FAD comments – they have been submitted.  Expressed concerns that a contract be in place for CWC by April 30, 2014 and first check be issued by July 2014.
   2. WAG – quiet.
   3. Consent order – Counsel again noted that he will follow the progress of the order.
   4. Kurt Ossenfort proposal – discussions with Jeff, to be continued.
   5. Flood Mitigation Program:
      i) A meeting with watershed partners will be arranged to discuss the questions/ concerns about how to implement the $15 million buyout addressed in the FAD.
      ii) CWC/CWT discussion Carl described the recent meeting and the issues of concern and what the conclusions for communication were.  Transparency was an issue of concerns for both.   Ric Coombe moved, Pete seconded a motion for Counsel to send a letter to DEP asking that they conduct a Right of Objection for each project in the stream program, as per Article 5, Subparagraph 107d.
      iii) CWC Program rules will include the eligibility of homes for moving as well as other businesses and anchor businesses.
      iv) The CWC’s position is that the Contract should be completed before the program rules are finalized.  Concern over proposed contract language that reads “All reasonable efforts” to pay within 45 days as opposed to current contract that reads “City shall pay”.  Also concern over lack of definition for expenses and capital.
6. Warrants – Motion by Ric Coombe,  Second by Bruce LaMonda, to pay the warrant to Young Sommer in the amount of $2,197.90.   Treasurer’s report showed Checkbook Balance of $1,000.15 and Savings balance of $88,590.27 on October 31, 2013.
7. Correspondence – no comments
8. Other:  The importance of outreach of CWT actions was discussed along with the potential value of a website might provide.  Carl will explore options such as websites or blogs.
9. Adjourn:  Motion to adjourn 8:40 PM.  Moved by Linda Burkhardt seconded by Bruce Dolph.  Passed unanimously.

Attending: Carl Stuendel, Peter Bracci, Linda Burkhardt, Ric Coombe, Bill Layton, Burce LaMonda, Michael McCrary, Stephen Walker, Cindy Donofrio and Jeff Baker, Counsel.

Others: Alan Rosa, Tim Cox, Aaron Bennett, Michelle Yost, Diane Galusha, Dean Frazier, One unknown.

1. Call to order:  6:18 PM.

2. Minutes: Moved by Linda Burkhardt to approve; seconded by Pete Bracci.

3. Privilege of the floor –
   Archives – Carl Stuendel sought input and permission to move the CWT archives from Greene County to Delaware County where CWT administrative work is now being done. This lead to more  questions and discussions about the management of the archives in general.  The committee in general agreed that the best way to archive ultimately is to digitize everything.  Jeff Baker reported that all CWT records they have are in electronic form.  The existing boxes of hard copies need sorting through to determine what is worth retaining.  There are both legal and historical reasons to archive the material.  The task of sorting is in question, whether to seek out an intern next year to do the work or hire a company to do the work was discussed.  Michael McCrary moved to table the discussion until questions raised above can be answered regarding archiving; Ric Coombe seconded the motion.  Motion carried.  Michelle Yost volunteered to contact a company to see what it might cost to do digital archiving.

4. Revised 2007 FAD
   1. Regarding the purchase of flood  prone properties using the $15 million in the FAD, Jeff Baker will be  developing comments for the FAD.   More clarity is needed as to how this portion of the flood  mitigation program would integrate with other efforts such as the $17  million for volunteer relocation efforts and who would be involved in the implementation of the program.   Jeff will work with Alan to clarify items in the CWC program rules as they relate to the September 20, 2012 Flood Mitigation Program Document.
   2. LAP language clarity – Again Jeff  Baker will develop language pertaining to land acq caps etc.
   3. Other –
      1. Jeff will check with Congressman Gibson’s office to determine if they have made any effort regarding the movement of $50 million in the FAD out of the LAP into flood mitigation.
      2. CWC reported that the contract process will substantially delay the finalization of the contract and hence funding.  This could push back the implementation of the CWC program for relocation, etc.

5. Consent order for the DEP pertaining to turbidity and alum use.  $3 million has been allocated to address the issue of turbidity in the lower Esopus.  Counsel will monitor the consent process to assure that nothing develops that would have a negative impact above the dams.  The consent order will require an amendment to the SPDES permit and an EIS.  This process will enable Ulster County to pursue an article 78 if needed to gain the leverage they are seeking.  This could be a five year process.

6. The committee discussed the Kurt Ossenfort proposal.  Diane Galusha gave a summary of the proposal and the benefits it would provide to the CWT.  The conclusion is that it fits well into the archive issues noted in agenda items #3 above.  It would be an important component of the history of the MOA negotiation process.  Pete Bracci moved to accept the proposal with the understanding that repositories will be identified to make accessible to the public; Ric Coombe seconded.  Motion passed.  Jeff Baker will develop a contract with him.

7. Status reports
   1. WAG update – has been quiet through the government shutdown.
   2. Article 7 Lawsuits language and TLAP.  Agreement has been reached that the resolutions which will settle the claims brought by New York City against the Towns of Tompkins and Roxbury in Delaware County will be allowed, according to Bob Beebe and Kevin Young, to include a stipulation that “DEP acknowledges its obligation to comply with the TLAP program. . .       [and] that after the expiration of the three year period (2014, 2015 and 2016), the town may execute an agreement with CWC to participate in the TLAP. If the town does execute a TLAP agreement, the city agrees to comply with its obligations under TLAP.”  [In addition, for town tax assessment purposes the City agrees to follow the current template, which utilizes the RCNLD methodology, at the conclusion of the three year period whether the town chooses to execute a TLAP agreement or not; and if the town does execute a TLAP agreement, to use the current template in the subsequent TLAP process.]
   3. Flood Mitigation Program Status:  Contracts nearing an end.
   4. EWP Project Status.  Projects are finishing up.  Fifty or more were implemented in 2013
   5. Gauges:  The Walton gauge had been funded by NYS.   Both NYS and Federally elected officials are working to try to get funding to keep it on line.  It goes off line on November 1, 2013.
   6. NYC WWTPs in Grand Gorge and Tannersville have been unable to accept septage.  These two plants were identified in the MOA as sites that could take it.  Due to repairs they have been able to accept if for some time.  Carl reported that the Grand Gorge Plant should be able accept septage by the end of November. Tannersville’s issues are more complicated and will not be able to accept it for some time.
   7. Counsel Jeff Baker sought authorization for Carl Stuendel to sign off as part of the Flood Buyout that the Towns will hold the property.  This is necessary to make amendments to the Water Supply Permit.  Changes.  1. The FEMA Appraisal process will be used versus the City’s.  2.  The towns will convey a Conservation Easement to the State.  Ric Coombe moved to agree that the CWT will not challenge the WSP and to authorize Carl to Sign off.  Linda Burkhardt seconded the motion.  Passed.
   8. Carl reported that the City is waiting for their licensing from FERC to build the hydroelectric plant on the Cannonsville dam and that DEP has posted a position on their website (https://a127-jobs.nyc.gov/) for a Deputy Chief Hydroelectric Facilities Operations Manager with duty location at Downsville.

8. Warrants and Treasurer’s Report
   1. Treasurers Report:
      Savings Balance –  $ 95,433.06
      Checkbook Balance – $  1,000.13
   2. Warrants:
      Rick Coombe moved to pay the warrants. Bruce LaMonda seconded. Passed.

9. Correspondence – noted, but unclear what the purpose was

10. Adjournment: Moved by Ric Coombe; Second Linda Burkhardt. Passed. 8:08 PM.