Executive Board Meeting – March 17, 2025

Location:  CWC Headquarters (Arkville, NY)

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

Others:  Jeff Baker, Tim Cox, Jessica Fielder, Nick Carbone, Bruce Dolph, Elizabeth DeFalco, Hope Monforte, Cher Woehl

1.  Call to Order:  Ric  called the meeting to order at 6:15 pm.

2.  February 17, 2025, Meeting Minutes Approval:  Motion to approve the minutes made by Ed Snow and seconded by Glen Faulkner.  Motion carried.   

3.   Ric introduced Hope Monforte, Executive Assistant, NYC Department of Environmental Protection.   Ms. Monforte is the new outreach coordinator for the West of the Hudson Watershed.  Ms. Monforte is native to the area, giving her an exceptional understanding of the watershed and making her an invaluable contact for us with DEP.  Ms. Monforte thanked everyone for the warm welcome and shared that she plans to attend future meetings as her schedule allows.  She also shared that she will be providing her contact information to Cher for anyone who would like to have it and welcomes any communications from the board members. 

4 & 5. LAP/SAP Negotiations/Status of Amended City CE to State:
Jeff opened the discussion by stating there was not a lot to report this month.   He shared the good news on the CSAP contract negotiations saying that DOH, the City, CWT are all working diligently to finalize the contract documents.  They did hit a small hitch with DEC on a section of the contract language, but Jeff feels this will be resolved quickly as all parties what to get this negotiation completed. Jeff had more good news sharing that all issues on the NYS Conservation Easement revisions have been resolved to the satisfaction of everyone involved.    Regarding the side agreement, Jeff said that there has not been much progress.  The side agreement addresses the I & I funding among other things.

Ric said that when the Conservation Easement contract is finalized CWT needs to place a priority on working with Roxbury to develop a solution for their current issue. 

Nick asked for clarification with understanding the benefits of a restricted covenant with third party oversight versus conservation easements.   Jeff explained as follows:

  • If a municipality owns land purchased by the City, there will be restrictions on what the municipality can do with the land.  All purchases will have a stewardship plan incorporated into a restrictive covenant and thereby enforceable.
  • If the City owns land DEC wants a conservation easement not a restricted covenant.  The municipalities want a restrictive covenant so that they can enforce the City’s stewardship obligations on that land.  DEC wants its own oversight and therefore creates a 3rd layer in the process.   

Jeff shared that the goal is to eliminate DEC  from an oversight role thereby eliminating the extra layer of government in the process.   CWT would like to see that when the City buys land, the municipalities obtain a mechanism to ensure the City’s stewardship obligations. 

Ric explained how the process has worked with the Town of Neversink Ball Fields, where Neversink owns the land, but the City has oversight responsibility.  He shared that this has been successful, with the biggest issue dealing with the review process for any improvements or changes. 

6. CWC Report:  In Jason’s absence, Tim provided the CWC report.  He reminded everyone that the CWC Annual meeting is April 1st, asking members to get their RSVP’s in as soon as possible.  He shared that the election results for Schoharie and Ulster County CWC members will be announced at the meeting.  Tim then gave an update on the Community Vitality Study, which is called for by the National Academies Study and the FAD.  Consultants from the Center for Government Research have been contracted to gather the data for the study.  They will be contacting elected officials in the watershed for their data gathering.  CWC will be reaching out in advance with the subject areas the consultants will be addressing.  Ric asked that everyone please take time and participate to create this baseline for our watershed.   This baseline is the foundation that we will build on for the future.  Ric emphasized to members that “if we don’t tell our story how will it ever be told?”.  

7.  Warrants and Treasurer’s Report:  Bud reported that as of February 28, 2025, 
the checking account had $1,770.23,
the savings account had $115,355.78
and the CD had $52,306.30. 
Ed Snow made the motion to accept the Treasurer’s report, seconded by Glen Faulkner.  Report accepted.  
Greg presented warrant #115 in the amount of $4,053.00 for payment of February legal fees and administrative support fees.  
Steve Walker  made the motion to pay warrant #115, seconded by Glen Faulkner.  Motion carried.   

8.  AdjournMotion to adjourn was made by Greg Vurckio,  seconded by Bud Gladstone.  Motion carried.  The meeting adjourned at 6:40 pm.

Executive Board Meeting – Feb 17, 2025

Location:  CWC Headquarters (Arkville, NY)

Present:  Ric Coombe, Scott Grey, David Kukle, Greg Cross, Ed Snow, Glen Faulkner, Will Outsen, David Edinger, Greg Vurckio

Others:  Jeff Baker, Tim Cox, Jason Merwin, Michelle Yost, Nick Carbone (via Zoom), Thomas Hoyt, Bruce Dolph, Elizabeth DeFalco, Roger Gilson (Times Union), Cher Woehl

1.  Call to Order:  Ric  called the meeting to order at 6:18 pm.

2.  January 20, 2025, Meeting Minutes Approval:  Motion to approve the minutes made by Ed Snow and seconded by Greg Cross. Motion carried.   

3. & 4. LAP/SAP Negotiations/Status of Amended City CE to State: Ric welcomed everyone to the meeting before turning it over to Jeff who reported that the Core LAP and CSAP contract negotiation discussions are continuing with minor issues being raised and resolved.  Jeff stated that the one issue still open is the municipal option to propose land acquisitions to the City in Priority Areas 3 & 4 as part of Core LAP.  Jeff recapped the option proposed by CWT which would allow Towns/Villages to offer specific parcels of land in Priority Areas 3 & 4  to the City for purchase.  The provision allows Towns/Villages to decide every 5 years if they want to participate. 

Jeff proceeded to discuss the CWT Resolution provided to Board Members for discussion.  This draft resolution grants municipalities, except for those in Delaware County, Jewett and Windham, the right to offer land to the City.   Delaware County, Jewett and Windham have all passed resolutions which exclude them from the provision, thus opting out of the program for as long as the Core LAP program exists under the new Water Withdrawal Permit.  Ric stated that this is the benefit of “home rule” as it gives everyone options.  It’s not all for one/one for all but allows Towns/Villages to make the decision to participate or not.   Ric then opened the floor to discussion on the proposed resolution, reminding everyone that our intent is to finalize and approve language for Jeff to move forward with.

Thomas Hoyt spoke on behalf of Windham stating that they have also passed a resolution like Delaware County opting out for the duration of the new Water Withdrawal Permit. Greg asked for clarification on the Delaware County resolution to opt out of the program.  Ric and Jeff explained that when a County opts out, no Town/Village can choose to participate in the future.  They further explained that if a Town/Village opts out, that doesn’t impact other Towns/Villages in the County unless the County passes a resolution to not participate.  David K. proceeded to explain that if a Town/Village opts out, they are opting out for 5 years.  At the end of 5 years, they have the choice to continue as is or opt into the program.   He suggested to Board Members that they make their Towns/Villages aware of this. 

Thomas Hoyt asked if there would be community guidelines for this program.  Ric explained that the Towns/Villages set their own guidelines.  They are in control of this.  Ric re-iterated that a Town/Village may propose parcels to the City to purchase, but the City can say no, they do not want to purchase. 

Greg shared with members that Denning is passing a resolution to opt out of the program and asked that they be added to the resolution language.   Jeff also shared that Ashland has opted out of the program and will be included in the language.  

Ric asked if there was any more discussion that needed to occur on the resolution before it is adopted.  As there was none, David Kukle made the motion to approve the Resolution of the Coalition of Watershed Towns Supporting a Town Option to Propose Land Acquisitions by the City of New York with the revision to add Ashland and Denning.  Glen Faulkner seconded the motion .  Motion carried unanimously. Ric thanked everyone for a very productive discussion and for taking the time to help bring this resolution to fruition.   

Before moving on to the next agenda item, Jeff shared that in talking with David K. it was brought to his attention that everyone may not understand the purpose or intent of the negotiation for the side agreement.  He provided a brief explanation sharing that the side agreements are a way for the City, CWT, CWC and the environmental organizations to discuss and resolve issues that don’t necessarily belong at the State level.   Jeff cited examples such as Regulatory Upgrade 2 and the I&I issues that are currently being resolved through side agreements.

The discussion moved into the status of the amendments to the City CE to the State.  Thomas Hoyt asked when the easements will be turned over from the State to the City. Jeff responded that they are currently resolving an issue with the environmental groups and are approximately 90% completed with resolving all open issues. 

5. CWC Report:  Jason gave the CWC update, focusing on the Community Vitality Study.   He asked that the Towns/Villages and CWT please be responsive to the consultants, who will be reaching out to everyone for information.  David K. asked if there will be questions provided beforehand so that everyone can be better prepared.  Jason agreed this would be beneficial and will see what he can do.   Ric reminded everyone that we must be forward-thinking when we address community needs for the vitality study.  Jason concurred by sharing that the City and DEP are already in the forward-thinking mode, so we also need to be.   Jason reminded everyone about the CWC Annual Meeting which is scheduled for April 1st.   He also shared that CWC will be involved in a mandatory meeting with FEMA regarding the flood funds, and a contract meeting with DEP sometime in March.

6.  Warrants and Treasurer’s Report:  As Bud was absent from the meeting, Ric asked Greg Vurckio to provide the treasurer’s report.  Greg reported that as of January 31, 2025, 
the checking account had $5,176.64,
the savings account had $113,767.57 and
the CD had $52,306.30. 
Ed Snow made the motion to accept the Treasurer’s report, seconded by Glen Faulkner.  Report accepted.  
Greg presented warrant #114 in the amount of $3,407.00 for payment of January legal fees and administrative support fees.  
Greg Cross made the motion to pay warrant #114, seconded by David Edinger.  Motion carried.   

7.  AdjournMotion to adjourn was made by Ed Snow, seconded by Greg Vurckio.  Motion carried.  The meeting adjourned at 7:14 pm.

RESOLUTION OF THE COALITION OF WATERSHED TOWNS SUPPORTING A TOWN OPTION TO PROPOSE LAND ACQUISITIONS BY THE CITY OF NEW YORK Feb 17, 2025

RESOLUTION OF THE COALITION OF WATERSHED TOWNS SUPPORTING A TOWN OPTION TO PROPOSE LAND ACQUISITIONS BY THE CITY OF NEW YORK

WHEREAS, the Coalition of Watershed Towns (Coalition) has been negotiating with the New York City Department of Environmental Protection (DEP), New York State Department of Health, New York State Department of Environmental Conservation and environmental stakeholders over a new water withdrawal permit which will authorize the continuation of DEP’s land acquisition program; and

WHEREAS, the parties have agreed to a Collaborative Stream Acquisition Program (CSAP) which will redirect DEP’s land acquisition efforts towards riparian buffers that complement stream management and flood hazard mitigation projects while preserving areas for responsible development and that require the approval of the host municipality for DEP acquisitions; and

WHEREAS, on October 7, 2024, DEP offered to significantly reduce the scope of its current land acquisition program to only pursue acquisitions in Priority Areas 1 and 2 and to cease solicitation and acquisitions in Priority Areas 3 and 4. DEP also proposed that it could acquire properties in Priority Areas 3 and 4 if the such properties were proposed for acquisition by the a town or village and the property met water quality criteria; and

WHEREAS, an option for municipally proposed acquisition would preserve the opportunity for each town or village to identify property for acquisition that could promote local comprehensive plans, public uses and preserve locally important property from development. Acquisition by DEP could also keep property on the tax roll in contrast to acquisition by tax-exempt land trusts; and

WHEREAS, the Coalition has always recognized the wide range of opinions amongst its members and strives to respect those views and to protect the rights to home-rule; and

WHEREAS, by resolution dated January 22, 2025, the Delaware County Board of Supervisors expressed its position that the new water withdrawal permit should not contain a provision allowing Delaware County municipalities to propose land for acquisition by DEP; and

WHEREAS, the Town Boards of Ashland, Denning, Jewett and Windham have adopted similar resolutions objecting to a permit provision allowing town-initiated acquisitions by DEP; and

WHEREAS, the Executive Committee of the Coalition of Watershed Towns supports the principle of home-rule, which empowers municipalities to make decisions that best suit their unique local needs and priorities, including the option to opt-in or opt-out of parcel purchase agreements with DEP. While recognizing Delaware County, Ashland, Denning, Jewett and Windham’s position relating to municipal proposals for DEP acquisitions, the Coalition maintains that its other members should retain the flexibility to propose parcels for acquisition when it aligns with local objectives and public interests; 

NOW THEREFORE, LET IT BE RESOLVED, the Executive Committee of the Coalition of Watershed Towns, recognizing the home-rule rights of its members, supports a provision in the forthcoming water withdrawal permit that allows towns and villages, with the exception of  Delaware County municipalities and the Towns of Ashland, Denning, Jewett and Windham, to propose property in Priority Areas 3 & 4 to DEP for acquisition; and

LET IT BE FURTHER RESOLVED that within 180 days of the effective date of the next Water Withdrawal Permit, each municipality shall decide whether it wishes to have the right to propose parcels for acquisition and every five years thereafter during the duration of the water withdrawal permit to have the right rescind or exercise the right to propose land for DEP acquisition in a manner similar to which municipalities vote to allow DEP acquisitions in hamlets and villages under the current water supply permit.

Motion by:      David Kukle

Seconded by:  Glen Faulkner

Adopted unanimously February 17, 2025

Executive Board Meeting – Jan 20, 2025

Location:  CWC Headquarters (Arkville, NY)

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

Others:  Jeff Baker, Tim Cox, Jason Merwin, Jessica Fiedler, Michelle Yost, Nick Carbone, Bruce Dolph, Heidi Emrich, Mary Crisafulli, Cher Woehl

1.  Call to Order:  Ric called the meeting to order at 6:20 pm.

2.  December 16, 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: Ric opened this discussion by emphasizing to the members that we are here to provide guidance to Jeff regarding the proposed language for the municipal option for city acquisitions.   He asked Jeff to explain to the members the language CWT is considering.   Jeff explained that the proposed changes to Core LAP would include a provision for the Towns/Villages to propose specific parcels in Priority Areas 3 & 4 for acquisition by the City.   If a Town/Village determines that a particular parcel should be offered to the City, because it benefits the community in some way, the municipality can ask the City to consider a land purchase.  The language would also include an option that would allow the Towns/Villages to opt into this provision with the opportunity to revisit their decision every 5 years.   This proposed language gives the Towns/Villages the most flexibility on their land and on their participation.  Jeff did share that the City is open to this provision. 

Steve asked if the proposal included parameters, such as the size of the land or the inability to sell agricultural land.  Jeff said, at this point, the basic water quality criteria apply, including the 10 acres provision.  He stated that any additional parameters would be up to the Towns/Villages to set, allowing this to be controlled locally.

Glen reiterated his understanding that with this proposed language advocates the sale must be a benefit to the Town/Village as well as the owner and the City before any transaction can occur.  

Glen asked Jeff to explain further the 5-year option.   Jeff explained this allows the Towns/Villages to make the decision every 5 years as to whether they want the ability to propose property to be purchased by the City as stipulated in this provision.  The 5-year term allows the Towns/Villages to make their decision as they look forward to their future demographics and needs and to revisit it periodically as local conditions may change.  This is like the existing provisions in the Water Supply Permit for villages and hamlets which gives them the right to exclude city acquisitions and waive some of the water quality criteria.  Tim Cox and Jason Merwin explained what CWC does regarding watershed villages and hamlets for the 5-year review.  Currently CWC sends letters to the Towns/Villages reminding them its time to review their hamlets.  These letters usually go out 6 months in advance of the deadlines, with the letter outlining what the Town/Village chose to do previously.  If the Towns/Villages choose to keep it the same, they do not need to respond.  However if the Towns/Villages want to propose a change, they must pass a Town/Village resolution to make the change happen.   Ric suggested we try and line up the ability to propose lands for city purchase with the CWC timeline. 

Delaware County’s opposition to the proposed language was discussed.  David K. raised a concern regarding the language opposing the proposed provision.  He shared that the opposing language states that no sales of land in areas 3&4 can be offered to the city, however the sales of land can be offered to non-profit organizations.  The concern with this is that non-profits do not pay property taxes to the Town/Village, eliminating a revenue stream, but the City would be paying property taxes.  He cautioned the members to read the opposition language thoroughly to fully understand what it is proposing. 

Ric reiterated that with the CWT proposed language, the Towns/Villages have the flexibility to say NO to any sales.  He also said that even if the Towns/Villages decide to sell, the City may say no they do not want to purchase.  

Bruce Dolph raised the issue that Delaware County is completely opposed to the proposed language.  Jeff shared that he has not yet seen a resolution from Delaware County that states this.  Glen shared that he doesn’t believe the 5-year option has been presented to Delaware County yet.  Bud agreed and stated that Delaware County Board Members must perform their due diligence and share the proposed language in its entirety with Delaware County Board of Supervisors before any county resolution is made.  Ric agreed and asked that the CWT Delaware County Board Members meet with Delaware County prior to our February meeting.  This issue needs to be resolved in the February  meeting so that Jeff can proceed with finalizing the negotiations. 

On the State Wetland Regulations, Jeff reported that the regulations have been finalized.  He shared that the mapping system does not appear to be as cumbersome as originally thought to be.  He stated that the next steps are to work with NYC on how their regulations are going to coordinate with the new State Regulations.  

5. CWC Report:  Jason provided the statistics on the septic program, sharing that they completed 282 septic projects in 2024.   He then gave an overview of the 5 contracts they are currently in negotiations with DEP.  On the Community Vitality Study, Jason shared that the bids would be due on January 23.  The issue CWC is facing is that there is no contract with the City yet, which may hinder proceeding with the Community Vitality Study.  Jeff noted that the study is included in the FAD.   One final update Jason provided was on the CWC Annual  Meeting which is scheduled for April 1st.

6.  Warrants and Treasurer’s Report:  Bud reported that as of December 31, 2024,
the checking account had $8,489.05,
the savings account had $103,174.81 and
the CD had $50,000. 
David Edinger made the motion to accept the Treasurer’s report, seconded by Ed Snow.  Report accepted.  
Bud presented warrant #113 in the amount of $3,363.55 for payment of December legal fees and administrative support fees. Greg raised the question regarding the supporting invoices for the warrant and the totals did not match the warrant amount.  After reviewing the info, Cher realized she had inadvertently included the wrong invoices in the Board Members packages.  She did confirm that the amount of Warrant #113 was correct as presented.   
Steve Walker made the motion to pay warrant #113, seconded by Glen Faulkner.  Motion carried.   
Cher did provide Board Members with the correct invoices via email.  

7.  AdjournMotion to adjourn was made by Greg Vurckio,  seconded by Ed Snow.  Motion carried.  The meeting adjourned at 7:20 pm. 

Executive Board Meeting – Dec 16, 2024

Location:  CWC Headquarters (Arkville, NY)

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

Others:  Jeff Baker, Tim Cox, Jason Merwin, Jessica Fiedler, Michelle Yost, Nick Carbone, Bruce Dolph, Conesville Town Board members Frank Losito & Bill Amend, Mary Crisafulli, Elizabeth DeFalco, DEP Assistant Commissioner Shilo Williams, Cher Woehl

1.  Call to Order:  Ric  called the meeting to order at 6:15 pm.

2.  November 18, 2024, Meeting Minutes Approval:  Motion to approve the minutes made by Bud Gladstone and seconded by Ed Snow. Motion carried.   

3.  Guest Speaker:   Ric introduced our guest speaker, DEP Assistant Commissioner Shilo Williams, to the board members and meeting attendees.  Asst. Commissioner Williams began by providing the members with information on her background, which included 20 years working on watershed protection in Sitka, Alaska.  She then proceeded to give updates on some of the DEP activities, including the status of the Delaware Aqueduct and tunnel repairs.  Asst. Commissioner Williams provided background on the Delaware Aqueduct project, which was out of service to support the tunnel repairs.  She shared that DEP had made the decision in early November to bring the aqueduct online again.  This decision was based on the extreme drought NYS was encountering.   Having the aqueduct closed was compounding the drought issues presented to the NYC water supply.  DEP is anticipating the tunnel repair project will resume in October 2025.  Asst. Commissioner also provided a brief update on the expansion of cellular coverage areas, a project still in the infancy stages, and DEP’s interest in using city owned land for solar farms.  After the updates, Asst. Commissioner Williams opened the floor to questions.  David Kukle asked if DEP will be working work with the communities on the cellular project.  He suggested possibly
establishing a sub-committee comprised of members from some of the towns   David Edinger agreed with this suggestion stating that many communities have issues with the current emergency communication systems and participation on this project would ensure these issues are addressed.  Asst. Commissioner Williams agreed that this was a great suggestion and would bring it forward for consideration. 

Ric closed the discussion by thanking Asst. Commissioner Williams for taking time from her busy schedule to attend our meeting.  Ric expressed his appreciation to Asst. Commissioner Williams for her willingness to work with CWT as we move forward.  This sentiment was echoed by Bud, on behalf of WAC, and Jason Merwin, on behalf of CWC.   Glen also expressed his gratitude on behalf of the Town of Middletown for Asst. Commissioner Williams and DEP’s positive cooperation on the potential land swap opportunity.  Asst. Commissioner Williams shared that land swaps are an exciting new ground for DEP, and she looks forward to evaluating these opportunities. 

4 & 5.  LAP/SAP Negotiations/Status of Amended City CE to State Updates:  Jeff gave an update on the negotiations, saying they are going very well.  At the last stakeholder meeting all major issues were resolved, and there are only a few minor issues with resolutions in the works.  Jeff shared that the attorneys are working on the drafts of all agreements.  On the solar issue, Jeff shared that they reached a majority agreement which included the 2–5-acre limitations and the required levels of approval within the towns before a project could begin.   

Jeff did state that there is one issue still to be resolved regarding the CSAP program and the city’s acquisition of land.  Language is being proposed that gives the towns/villages the ability to decide if they want to propose parcels in private hands that could be purchased by the city.  Jeff gave the background on the issue, sharing that Delaware County is opposed to this language.  There was much discussion on this amongst Board Members, with members representing Ulster County, Greene County and Sullivan County supporting the idea of allowing the towns/villages to be the decision makers on the potential sale of land to the city in priority areas 3 & 4.   Delaware County is opposed, and input from Schoharie has not been provided yet.   During the discussion, Ed asked if the language would apply to all counties across the board, or can it be drafted so that individual counties or municipalities can opt out of making the decisions on selling land to the city.  Jeff stated that this is a legal question to be discussed with the various attorneys.  Jeff stated that the language as proposed allows for maintaining control by the municipalities by giving them the choice to offer land for sale to the city.  He did share that if CWT wants to pursue language that provides for this decision on a county or a town basis he will follow that direction.  Ric shared that these type discussions, which address the pros and cons and where not everyone is in agreement,  are very beneficial to identifying a solution.  He asked that board members think about this more and at our January meeting we can work to produce options for Jeff to pursue.

6. CWC Report:  Jason shared that CWC is progressing well with the various contract amendments they are working on, including the Shokan Wastewater Project contract and the Public Education contract with the city.  He also said they are working on the renewal of the Local Consultation contract which provides funds to the towns to assist with review of their CCAP projects. 

Jason also shared that FEMA finally provided the funding to support elevating properties above the flood levels.  Two years ago CWC requested $1 million in funding to support working on 6 properties that were severely impacted by the floods.  FEMA is providing 90% of the $1 million with CWC providing the remainder.  Work will be done on these 6 properties at no cost to the homeowner.   Jason did want to reiterate that these funds are for those properties impacted during the major floods several years ago.  Jason shared that this was a unique situation as normally a non-profit organization (CWC) does not request funding support, but rather the request come directly from the towns/villages/counties.

7.  Warrants and Treasurer’s Report:  Bud reported that as of November 30, 2024, the checking account had $2,184.28, the savings account had $80,542.66 and the CD had $50,000.  Steve Walker made the motion to accept the Treasurer’s report, seconded by Glen Faulkner.  Report accepted.   Bud presented warrant #112 in the amount of $4,046.10 for payment of November legal fees and administrative support fees.  Ed Snow made the motion to pay warrant #112, seconded by Bill Federice.  Motion carried.   

8.  Other:  Bud raised an issue regarding DEP property where the streams are filled with downed trees and debris thus causing flooding.  He asked if there can be a mechanism and agreement with DEP put in place that will allow the municipalities to correct these problems in a reasonable timeframe.  Current process requires the municipality to send information to DEP describing the problem, and then wait until they have had a chance to review and evaluate it before rectifying the situation.  This often takes long periods of time before the problem is fixed.   Ric communicated that stewardship is important and there needs to be mechanisms in the watershed that will get the right people together in a timely manner to make the necessary decision that will resolve the problem.   He said we need to work with DEP on a way to get the key decision makers involved in a timely manner.  But he also cautioned that we need to be diligent on what situations would be considered emergencies that warrant an immediate decision and solution.   Jason shared that CWC has an emergency debris cleanup program that will assist with the cleanup of debris, noting that this program assists on emergency debris not debris that build up over a period of time. 

Ric acknowledged the guests from Conesville, Town Board members Frank Losito and Bill Amend,  and thanked them for attending the meeting.  Ric shared that CWT encourages and welcomes attendance from the towns and villages. 

9.  AdjournMotion to adjourn was made by David Edinger,  seconded by Ed Snow.  Motion carried.  The meeting adjourned at 7:40 pm.

Executive Board Meeting – Nov 18, 2024

Location:  CWC Headquarters (Arkville, NY)

Present:  Ric Coombe, Scott Grey, David Kukle, Bud Gladstone, Ed Snow, Glen Faulkner, Will Outsen, Jeff Gearhart, David Edinger, Greg Vurckio

Others:  Jeff Baker, Tim Cox, Jason Merwin, Jessica Fiedler, Michelle Yost, Mary Crisafulli, Elizabeth DeFalco, Cher Woehl

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 Bud Gladstone and seconded by Ed Snow. Motion carried.   

3. & 4.  LAP/SAP Negotiations/Status of Amended City CE to State Updates:  Ric and Jeff provided an update on the negotiations stating that there is very positive momentum regarding the more significant changes being requested.  Jeff shared that discussions on the CORE LAP are going very well, and that they have established smaller workgroups to address the open items, including the licensing agreement. 

On the amended City CE to State negotiations, Jeff shared that they are very close to a full agreement.  However, there is an issue that is still in discussion and Jeff requested input from the board members on what stand CWT will take.  The issue deals with the City’s use of land for solar power projects.  The City agrees that all solar power projects will be subject to local land use regulations.   However, some of the environmental groups have raised concerns on how much land the City uses for these solar farms.  Jeff asked the board members if there should be limits on the amount of land and forest that can be used for solar farms.  He shared that one option is to allow 2 acres per project.  Another option is to allow up to 5 acres per project.   And the final option discussed was to allow each town/village to establish their limits.

Ric  shared that solar farms, in the right places, are positive for our communities.  In response to Bud’s concern regarding the City using farmland Ric agreed that should not be taken by the City but a solar farm on unused land is a good option.   After much discussion amongst the board members, it was agreed that CWT is supportive of solar projects by the City with the 2-acre/5-acre maximum restriction.  Jeff reminded everyone that while it is up to the City if they want solar farms on their land, DEP and in some instances DEC, approval is required and the projects must meet the local laws before moving forward.   Board members also agreed that the amendment must include language that protects prime soil lands. 

Jeff shared there was nothing new to report on the progress of the State Wetlands regulations. 

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

  • Agreement was reached on the contract for the Shokan Wastewater Plan project. 

Ed expressed his thanks to CWC for their support in loaning the funds needed by the Village of Walton. 

6.  Warrants and Treasurer’s Report
Bud reported that as of October 31, 2024,
the checking account had $6,914.55,
the savings account had $73,732.76,
and the CD had $50,000. 
Glen Faulkner made the motion to accept the Treasurer’s report, seconded by David Edinger. Report accepted.  

Bud presented warrant #111 in the amount of $4,031.03 for payment of October legal fees and administrative support fees. 
Ed Snow made the motion to pay warrant #111, seconded by Greg Faulkner. 
Motion carried.   

7.  Other:  Ric shared that there have been many conversations regarding the shortage of water due to the drought and the impact on aqueduct projects.  He suggested we invite Assistant Commissioner Shiloh Williams to our next meeting for discussion on this.   Board members agreed.

8.  Adjourn:  Motion to adjourn was made by Greg Vurckio,  seconded by Bud Gladstone.  Motion carried.  The meeting adjourned at 7:00 pm.

Executive Board Meeting – Oct 21, 2024

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

Executive Board Meeting – Aug 19, 2024

Location:  CWC Headquarters (Arkville, NY)

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Present:  Ric Coombe, Scott Grey, David Kukle, Steve Walker, Bud Gladstone, Will Outsen, Bill Federice, David Edinger, Peter DiSclafani

Others:  Jeff Baker (via ZOOM), Tim Cox, Jessica Fiedler, Nick Carbone, Bruce Dolph, Michelle Yost, Elizabeth DeFalco, Cher Woehl

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1.  Call to Order:  Ric called the meeting to order at 6:16 pm.

2.  June 17, 2024 Meeting Minutes Approval:  Motion to approve the minutes made by Bud Gladstone and seconded by Steve Walker. Motion carried.   

3.  Election of CWT Officers:  Steve Walker nominated Ric Coombe for Chair; David Kukle for Vice-Chair and Bud Gladstone for Treasurer.  Steve then recommended a unanimous ballot vote.  All attending executive board members voted in favor of the recommendation thereby confirming election of Ric, David and Bud to the respective offices.  

4 & 5.  LAP/SAP Negotiations/Status of Amended City CE to State Updates:  Jeff reported that negotiations are going well and there has been significant progress on all issues to develop and implement the CSAP (stewardship) program.   Moving on to the status of the Amended City CE to State discussions, Jeff indicated that there is a minor issue on the language regarding purposes clause.   He also shared that there are issues still being addressed concerning the City’s ability to use their land for solar projects.  The environmental groups are requesting more stringent requirements be established  for the City to follow when clearing lands for solar use.  Jeff shared another key area still in discussion deals with the core LAP program’s continuation with fee acquisitions in areas 3 and 4.   CWT stands firm in its position to end further acquisitions for areas 3 and 4.   Jeff reported that the next negotiation meeting will occur in early September where these items will be discussed.

Ric shared that Shiloh Williams has been appointed to the City Source Water Protection Program.  Ric has been in communication with Ms. Williams and looks forward to CWT collaborating with her.

Jeff proceeded to provide an update on the proposed State’s Wetlands draft regulations.  The draft came out in early July for review, with comments due back by September 19th.  Jeff stated that nothing in the draft regulations puts the watershed in a position that is any worse for others in the State.   The bigger issue, as Jeff shared, deals with the identification of the wetlands.  Of primary concern is the proposal to establish vernal pool complexes, which are a clustering of individual vernal pools each with wetlands vegetation and within approximately 50 feet of each other.   Vernal pool complexes create issues with the protected adjacent land areas.  The wetlands protected adjacent land area is 100 feet.   Protected adjacent land areas for vernal pool complexes are 800 feet.  Another point of concern Jeff raised deals with who will have jurisdiction for identifying wetlands and how the determination will be made that an area is a wetland.  DEP is proposing to limit their jurisdiction to the wetlands mapped out by end of 2024.   DEC however, will not have any wetlands mapped after the end of 2024.  This could pose issues on who gets jurisdiction over what is considered a wetland and how it will be mapped after 2024.  These determinations could take a significant amount of time to make, thereby causing delays in final decisions.  

One final issue Jeff shared on the draft wetlands regulations is a provision that allows for the DEC Commissioner to designate a wetland of importance if the wetland is important for protecting state water quality.   The issue lies with the lack of a process on how this will be implemented, who will be allowed to review the proposed designation, and how will the final decision be made.  Currently, there is no indication in the State’s proposal that this is intended for application in the watershed.    

In closing his update on the Wetland Regulations proposal, Jeff indicated that it would be beneficial for CWT to provide our comments on concerns regarding impacts to the watershed.  He asked for the Board Members approval to prepare a draft of these concerns for review before the September meeting.  Board Members unanimously approved Jeff’s request. 

6. CWC Report:  Tim Cox, CWC Attorney, provided the following CWC report in Jason Merwin’s absence:

  • Ongoing discussions are occurring in efforts to resolve the Shokan WWTP funding issue
  • The Stream Debris Removal Program has opened to assist towns/villages with removing debris caused by flooding which occurred during the storms from hurricane Debbie.    The program will be open September 3rd for requests for assistance.  The amount awarded per request will be up to $10,000.   Tim emphasized that this award is only for removal of debris caused by hurricane Debbie and is not for any damage repairs. 

7. Warrants and Treasurer’s Report:  Bud reported that as of August 1, 2024, the checking account had $3,189.94, the savings account had $86,289.95 and the CD had $50,000.  Will Outsen made the motion to accept the Treasurer’s report, seconded by Steve Walker.  Report accepted.  
Bud presented warrant #109 in the amount of $8,208.58 for payment of June-July legal fees and June-July Administrative Support fees.  Bill Federice  made the motion to pay warrant #109, seconded by Steve Walker.  Motion carried.   

8. Other:  Ric opened a discussion on the county/town/village membership dues.  Questions have arisen about how the individual dues are calculated.  The dues were originally determined based on a land mass/population formula.  Ric opened the floor to suggestions on ways to equalize the membership dues, citing that the CWT issues are same regardless of the size of the county/town/village.   One proposal may be to establish a flat rate for everyone, with the ability to reassess the dues amount if its determined more dues should be paid.  Bruce Dolph, a former CWT Chair, commented that a flat rate could pose a burden on smaller towns/villages whose dues would increase, while being a benefit to the larger towns/villages whose dues would decrease.  Ric commented that this does support the use of a formula but asked if its reasonable for one town/village to pay more than another when dealing with the same issue.   Several points were made by Board Members, including the need to provide more education on the benefits of CWT and what CWT has provided, and continues to provide, to the county/town/village.   It was agreed by all that this discussion needs to continue.  Ric emphasized that while we are open to change, change does not need to be made for “changes sake” and whatever is decided needs to be enforced.   Ric also asked the members to consider options for the next discussion, and to consider if a committee needs to be established to oversee this issue. 

9.  AdjournMotion to adjourn was made by Will Outsen,  seconded by David Edinger.  Motion carried.  The meeting adjourned at 7:08 pm.

September 2024 Executive Board Meeting CANCELLED

Hi All,
We are cancelling the Sept. 16 CWT meeting.   We have several members who are unable to attend.  Also, as the negotiation meeting was cancelled, there is no new information to share.  Jeff has indicated they anticipate having the negotiation meeting in early October.   

So based on no new items to report on, no update on the negotiations and the minimal attendees, Ric has cancelled this month’s meeting.  

Enjoy the rest of September—and the beautiful weather we are having.  I fear we will be hit with lots of snow sooner than later!!!
Cher Woehl
CWT Admin. Asst

Executive Board Meeting – June 17, 2024

Location:  CWC Headquarters (Arkville, NY)

Present:  David Kukle, Scott Grey, Steve Walker, Bud Gladstone, Edward Snow, Glen Faulkner, Ritchie Gabriel, Will Outsen, Bill Federice, David Edinger, Greg Vurckio, Peter DiSclafani

Others:  Jeff Baker, Tim Cox, Jason Merwin,  Nick Carbone, Bruce Dolph, Mary Crisafulli, Cher Woehl

1.  Call to Order:  In Chair Ric Coombe’s absence, Vice Chair David Kukle called the meeting to order at 6:15 pm.

2.  Introductions: David welcomed the new board members and introductions were made by all attending the meeting.

3.  April 29, 2024 Meeting Minutes ApprovalMotion to approve the minutes made by Scott Grey and seconded by Ed Snow. Motion carried.   

4.  Election Results:  Jeff gave a report on the 2024 executive board member election results.  New members include:  for Delaware County Glen Faulkner- Middletown Supervisor, Ritchie Gabriel (alternate)- Andes Councilman, and Jeff Gearhart (alternate)-Delhi Mayor;  for Ulster County Mary Ann Van Benschoten (alternate)-Marbletown Councilwoman and Peter DiSclafani (alternate) – Shandaken Supervisor.  Jeff clarified for the new members the role of the alternates with regards to voting as a member of the board.  Ed Snow asked what the terms were for board members, with Jeff responding terms are for 2 years.

5 & 6.  LAP/SAP Negotiations/Status of Amended City CE to State Updates:  Jeff invited new board members to reach out to him for more information on LAP/SAP and the negotiation progress.   He then provided a summary of the proposed changes to the LAP/SAP program, noting that the biggest fundamental change is that towns/villages will have the approval authority on any projects before they are moved forward.  He also shared that the changes provide for moving away from fee acquisitions. Jeff followed with a current update on the negotiations, sharing that several meetings have occurred, and that the valuation committee has produced a matrix on the license agreement.  Nick Carbone provided more in-depth information on the license agreement changes.  Jeff shared that the biggest issue deals with the understanding of conservation easements, and hopefully the revised license agreements will help to overcome this.   Will asked what the owner gives up under the conservation easement agreement.  Jeff explained that the owner must agree not to disturb the land but to keep it in its natural state.   Ed asked if the landowner agrees to the contract and then sells the land before the 10-year period of the contract what happens?  Per Jeff, the contract runs with the land, therefore it goes to the new owner.  This raised a question by Glen, who asked if after the 10 years, can the owner “walk away” from the contract.  Jeff replied that they can.  The last question on this subject came from Peter who asked if there were any issues with the tax evaluations of the land, with Jeff responding that there are no changes in that area.

It should be noted that after the meeting, Jeff learned that the licenses will not run with the land and if the property is sold, the continuation of the license will be determined by the new owner and the City.

Jeff proceeded to provide an update on the conservation easement that the City gives the state.  He shared a summary of the various components that have been agreed upon.  Jeff shared that there are continuing discussions for a 4th Side Agreement with the City for the continued funding of various CWC problems, including several dealing with funding support for the septic programs.   Jeff shared that CWT and the City are still waiting for the state’s new wetland regulations, which they need to have before they can address any remaining open issues still on the table.  

7. CWC Report:  Jason provided the following report for CWC:

  • The Septic Program and Storm Water Program are up and running
  • In early June CWC met with several government entities, including DOH, DEC, Dept. of Labor along with several executives from the towns/villages to discuss the grant funds that are available to address I & I [Inflow and Infiltration] problems.  CWC is looking at the best way to get these funds to the towns/villages to help with their needs.  He asked CWT board members to share any ideas they may have on this. 

8.  Shokan WWTP Funding Status:   Board members were provided with a copy of the letter sent to the FAD Regulators (DOH, EPA, DEC) from CWC, CWT & Town of Olive regarding the Shokan Wastewater Project.   Jason provided the history of the Shokan Wastewater Project, from its inception to its current status.  In summary, the letter requests the City provide the funding to complete this project, as it is required to do under FAD.   The letter also outlines the consequences of this project not being completed.

9. Warrants and Treasurer’s Report:  Bud reported that as of March 31, 2024, the checking account had $11,966.05, the savings account had $83,149.62 and the CD had $50,000.  Ed Snow made the motion to accept the Treasurer’s report, seconded by David Edinger.  Report accepted.   Bud presented warrant #108 in the amount of $11,779.43 for payment of April-May legal fees,  April Administrative Support fees and postage (to Town of Neversink) and May Administrative Support fees and postage (to Cher Woehl).  Bud Gladstone made the motion to pay warrant #108, seconded by Steve Walker.  Motion carried.   

10.  Other:  Discussion occurred on the towns/villages with outstanding membership dues   Ed suggested we put together an informational letter explaining CWT and what it does for the watershed and provide this to the various boards.   Bruce Dolph expanded on this suggesting we send our monthly minutes to all elected officials and executive members of the watershed counties, towns and villages.   After much discussion, the following was agreed to by the board members:

  • Cher to send the 2nd notification on membership dues to those towns/villages that have not paid to date.   Steve Walker made the motion to do this, seconded by Will Outsen.  Motion carried.
  • Cher to compile the contact list of all elected officials and executive members of the watershed counties, towns and villages and to provide our approved monthly minutes to these individuals.    David Edinger made the motion to do this, seconded by Greg Vurckio.  Motion carried. 

11.  AdjournMotion to adjourn was made by Ed Snow, seconded by Glen Faulkner.  Motion carried.  The meeting adjourned at 8:35 pm.