April 29, 2024, CWT Executive Board Meeting Minutes

Location:  CWC Headquarters (Arkville, NY)

Present:  Ric Coombe, Scott Grey, David Kukle, Steve Walker, Bud Gladstone, Edward Snow, Will Outsen, Christina Viafore, Bill Federice, Greg Vurckio

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

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

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

3.  Report from Water Discovery Center:  Ric introduced Sally Fairbairn, Board of Trustee Member for the Catskill Water Discovery Center.  Ms. Fairbairn reported on the role of the Water Discover Center as it relates to the preservation and education of our watershed.   She shared some of the programs they are working on including Camp H2O, which has been supported by CWC educational funds; The Nature Trail, which is accomplished in partnership with Delaware County; and discussion on our town/villages drinking water vs. the water we transport to NYC.   Ms. Fairbairn invited members to the Ground Water Conference on June 7^th.  This will be an all-day event, with various speakers in the morning session followed in the afternoon by a panel comprised of various municipal leaders (including our own Bud Gladstone) to discuss and answer questions on the watershed infrastructure.  Ms. Fairbairn shared that the first step is to educate our towns/villages and communities on the importance of our water and how we need to preserve it.  She is looking for input from the various counties on how to accomplish this.  Ric reiterated that we emphasize the need to protect our water as well as the water that flows to NYC.  

4 & 5.  LAP/SAP Negotiations & Status of Amended CE to State:  Ric opened this discussion by sharing that the backstop proposal concept is not going anywhere.  He credited the CWT with helping this to happen, stressing the importance of having the voice of the coalition heard.  Jeff took over the reins on the discussion by first thanking Ric and Dave for all their efforts in heading off the backstop proposal, which would have been a significant issue.   Jeff proceeded to brief everyone on the April 16^th negotiations, including providing an overview of the backstop proposal and its impacts.   Ric said that the work done on this was an important example of the coalition representing the communities, coming together to get the outcome that is needed and acceptable to everyone.  

Jeff moved on to report that CSAP is moving forward with a separate committee assigned the task of working on the valuation of licenses and how to implement these changes.   Jeff stated that this is a very complex issue with many variables that need to be worked through. 

On LAP, Jeff shared that there was not a substantive discussion at the negotiations as they are waiting for more information from the city, including the maps of the wetlands.   On the Conservation Easement discussions, Jeff stated that they are getting closer to finalizing and resolving issues as raised by DEC and the environmentalists.   

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

• The April 2^nd annual meeting went very well and was well attended.
• The Community Wastewater Projects are moving along.
• There were no bids received for the Community Vitality Project.  The city indicated they would not pay unless it was done through bids.  CWC is determining what the next steps are to resolve this issue.
• Dave (Kukle) raised a question to CWC on behalf of Greene County regarding the new testing required on landfills.  Greene County is looking for funding support from CWC to help on this, especially if the towns/villages must do additional testing, which can be very costly.  Jason said CWC is looking at this to determine where they can help outside of the watershed.
• Dave also asked CWC about the septic systems program for new and replacement systems.  He asked if the permanent septic replacement program will take care of permanent residents first before the Airbnb’s and businesses.  Ric reminded everyone that the septic program is a win for everyone involved: the owners, the city, the towns and villages. 

7.  Warrants and Treasurer’s Report:  Bud reported that as of March 31, 2024,
the checking account had $9,146.46,
the savings account had $97,993.52 and
the CD had $50,000. 
Greg Vurckio made the motion to accept the Treasurer’s report, seconded by Will Outsen.  Report accepted.  
Bud presented warrant #107 in the amount of $7,435.68 for payment of March legal fees,  January – March Administrative Support fees and postage for mailing of election notices. 
Steve Walker made the motion to pay warrant #107, seconded by Will Outsen.  Motion carried.   

8.  Other:  Bud shared that Delaware County is in discussions with WAC easement committee to get changes to their programs regarding consent and veto rights.  Bud, who is a member of the WAC easement committee, asked if the coalition could be involved in resolving this.   Ric asked the executive committee members if they want to authorize Jeff to move forward with helping resolve these issues or do they want to have WAC request CWT involvement.  Bud suggested that it would be best to have the WAC submit a request to CWT for support on these issues.   Ric asked Bud to share this with WAC, indicating CWT would be willing to help.

Jeff reported that the election ballots will be sent on April 30^th , with a due date of May 31^st.  He reminded members that the ballots only go to towns and villages and not to the counties offices.

Ric shared with members that Cher is retiring from her Town of Neversink employment effective April 30^th.  CWT contract for administrative support services is with the Town of Neversink.  He asked the executive board members if they wanted to continue having Cher as their administrative support, hiring her as a contractor.   The members agreed that they wanted to do this.  
Ed Snow made the motion to hire Cher Woehl as a contractor for administrative support effective
May 1, 2024, seconded by Bud Gladstone.  Motion carried.  
Ric, Jeff and Cher will complete the appropriate paperwork for Delaware County, who manages the banking and payments for services.

Several members will not be available for the May meeting.  The board members agreed to not have a meeting in May and reconvene in June. 

9.  Adjourn:  Motion to adjourn was made by Greg Vurckio, seconded by Bill Federice.  Motion carried.  The meeting adjourned at 7:37 pm.

Location:  CWC Headquarters (Arkville, NY)

Present:  Ric Coombe, Scott Grey, David Kukle, Steve Walker, Bud Gladstone, Edward Snow, Will Outsen, Christina Viafore, Bill Federice, Greg Vurckio, David Edinger

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

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

2.  February 19,  2024 Meeting Minutes Approval:  Motion to approve the minutes made by Ed Snow and seconded by Will Outsen.  Motion carried.    

3. & 4.  LAP/SAP Negotiations & Status of Amended CE to State: Ric gave a brief overview on the negotiations and the importance of the work CWT is doing on them before turning the discussion over to Jeff for a more detailed report.  Jeff started the discussion sharing that in the previous week they engaged in very long negotiation sessions.  Jeff reported on the Conservation Easement discussions first, sharing that the negotiation meeting got to a very detailed level due to several objections to the proposed language, specifically with the approval process, as made by the environmentalists.  Jeff explained the language the environmentalists want would have potentially significant impacts to the landowners and towns as it enables DEP to approve certain level of categories.  If the state disagrees with DEP, the request could be held up for an extremely lengthy timeframe as debates will occur thus impacting the ability to move forward.  Jeff said the amendment proposes broader language.  He shared that the MOA would include language to recognize the broader perspective, thus allowing the CE requests to move forward within a reasonable timeframe.   Jeff shared the State and the City have no objections to this, and that objections are coming from the environmentalists.

Jeff shared with the members a letter from DEC that expresses concern with the monumental increase in workload to amend the CE’s that have already been filed.  Also shared with the members was the Attorney General’s position that every existing CE will require a new title search.   Jeff communicated that the city agreed to take on the workload and to certify that an existing title search is still valid, thus a new search would not be required.   Jeff shared that there is unanimity between CWT, the city and the environmentalist on the city validating previous title searches.  

Members continued the discussion sharing ideas on ways to assist with resolving the open issues to reach agreements among the parties on these CE amendments.   He presented to the members the CWT draft resolution that requests the State agreement to file amended CE on lands held in fee by the city.   After reviewing the resolution and making some minor changes, the motion was made by David Edinger and section by Will Outsen to approve the resolution with the amendments.  The motion was approved and the resolution was adopted unanimously by the members.  

Jeff then reported on the LAP/SAP, with the first item being the name change to “Collaborative Streamside Acquisition Program”.    Jeff shared that everyone is working well and in good faith in these negotiations.  One obstacle that is being addressed is the demands from DEC to have a backstop program.   Discussions are still in progress on this issue.  

Jeff further shared that discussions are still taking place on the Core LAP and will continue at the April 16^th meeting.  The uncertainties with the State wetlands law are impacting these discussions.   

5. State Wetlands Regulations:   Providing the update on the State Wetlands Regulations, Jeff reported that Cornell is in the process of identifying wetlands via satellite and is anticipating releasing the new maps in October of this year, with draft regulations coming out the end of April.   He also shared that the State is proposing a process that will allow for requests to be made by landowners regarding the presence of wetlands on their property.  DEC will review its data sets and if the property is not in their wetland data, will provide a response indicating no wetlands present.   Jeff reiterated that the changes to the state wetland laws were passed by the legislature without any detailed communications to the various parties, such as DEC, to identify and address issues for their practical implementation.   

6. CWC Report:  Jason shared the following information in his CWC report:

• The annual meeting is scheduled for April 2 at 1 pm at CWC headquarters.  He reminded everyone that they are welcome to attend.
• The public education contract is in renewal negotiations.  They are looking to transition this into a workforce education contract, with the goal of providing education to develop and build the workforce.  Jason asked for suggestions from the members on what should be included in this contract, such as education on heavy equipment and septic systems, etc. 

7.  Warrants and Treasurer’s Report:  Bud reported that as of January 31, 2024,
the checking account had $9,145.15,
the savings account had $92,667.43, and
the CD had $50,000. 
Ed Snow made the motion to accept the Treasurer’s report, seconded by Greg Vurckio.  Report accepted.  
Bud presented warrant #106 in the amount of $4,747.66 for payment of February legal fees.  
Steve Walker made the motion to pay warrant #105, seconded by Will Outsen.  Motion carried.   

8.  Other:  David Kukle shared that the Village of Tannersville passed a resolution to study the elimination of the village.  He shared there is a city WWTP in the village and asked if CWT should be involved as this moves forward.  Jeff shared that CWT does not need to be involved if no issues arise.  CWT will be available to assist, if needed.  Ric reminded everyone that dissolution of a village/town will not relieve the city of their obligations for the WWTP.  David will keep members apprised as this progresses.  

Jeff shared that we will be starting the CWT election process, with the nomination letters going out within the week. 

Cher suggested to the members that the April meeting be moved from the 15^th to April 22^nd so that Jeff can report on the April 16^th negotiations.   Ed Snow made the motion to move the April meeting to Monday, April 22, seconded by Bud Gladstone.  Motion carried. 

9.  Adjourn:  Motion to adjourn was made by Greg Vurckio, seconded by Bill Federice.  Motion carried.  The meeting adjourned at 7:44 pm.

Location:  CWC Headquarters (Arkville, NY)

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Present:  Ric Coombe, David Kukle, Steve Walker, Bud Gladstone, Edward Snow, Greg Vurckio, Will Outsen

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Others:  Jeff Baker, Tim Cox, Jason Merwin, Bruce Dolph, Michelle Yost, Mary Crisafulli, Cher Woehl

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

2.  January 15, 2024 Meeting Minutes Approval:  Will identified two minor corrections needed to the minutes. Motion to approve the minutes with the corrections made by Ed Snow and seconded by Greg Vurckio.  Motion carried.    

3.  LAP/SAP Negotiations:  Jeff provided an update on the LAP/SAP negotiations.  He shared that the negotiations are proceeding in good faith, with all parties coming together on most of the issues.  He did share that Tom Snow, DEC, raised the idea of getting back to a backstop, suggesting a change to the already agreed upon language which allows for the towns/villages to approve the projects.  Tom was asked to bring to the next negotiation meeting a “layout” of the process for his suggestion. Jeff felt that this change would more than likely not occur, and for CWT the agreed upon language is a non-negotiable position.  That next negotiation meeting will be held in mid-March.   

4. Status of Amended City CE to State:   Jeff reported that discussions are still in progress on the Conservation Easement proposed amendments.  The discussions are mostly with the environmentalists and are not problematic but more for clarification and to provide an understanding on the issues.

5. State Wetlands Regulations:  Jeff provided an update on the amendments to the State Wetlands Regulations.  He reported that this is a slow process.  Further analysis is required, but Jeff shared that so far there is nothing in the regulations that targets or is different for the watershed than statewide.  That’s not to say that the new wetland regulations are not posing problems at the state level.   DEC has reached out to Jeff to have a special meeting regarding the impacts and issues of the amendments.   The primary issue deals with the interplay of the amended state regulations with the wetland regulations.  The change will be in the administration, specifically on how to determine if land is in the wetlands.  The wetlands will no longer be designated and identified on “maps”, as in the past, so there will more than likely be a significant impact in the timeframes for determining if land is in the wetlands.   There will be discussions with DEP to determine how this will work and how issues will be managed.   Board Members had an in-depth discussion on this topic with Jeff and Ric both agreeing that they will keep the board members apprised as it progresses.

6. CWC Report:  Jason shared the following information in his CWC report:

• The annual meeting is scheduled for April 2 at CWC headquarters.  
• $23 million contract for the storm water program was signed last week, so if any of the towns/villages need funding they should contact CWC.
• RFP for the Community Vitality Study is being finalized, with completion scheduled for February 23^rd.
• Tim reported that the average repair/replacement time has gone down to 300 days, so individuals need to get their replacement/repairs completed within this designated timeframe.  There were 312 septic systems replaced last year.

7.  Warrants and Treasurer’s Report:  Bud reported that as of January 31, 2024, the checking account had $6,369.48 and the savings account had $102,586.98.  Bud also reported that, as approved by the Board Members in the December meeting, CWC had invested $50,000.00 in a CD with a maturity date of 1/24/2025.   Ed Snow made the motion to accept the Treasurer’s report, seconded by Steve Walker.  Report accepted.   Bud presented warrant #105 in the amount of $4,495.03 for payment of January legal fees.  Steve Walker made the motion to pay warrant #105, seconded by Will Outsen.  Motion carried.   

8.  Other:  Ric discussed the membership dues as we move forward.   Both Ric and Jeff agreed that we need to continue, as we need to ensure we have the financial resources in the event of any legal issues that may arise.  We do have funds in our accounts that could warrant bypassing collection of dues for the 2024 year, however both Ric and Jeff felt that if we gave relief for a year, it might be harder to reinstate collection in the subsequent years.  They suggested reducing the dues for the 2024 dues.   Greg reminded board members that the town/village budgets are set in advance and eliminating the funds for dues, then trying to reinstate in following year, would have an impact on these budgets.  Dave agreed with Greg, sharing that if the amount is reduced or eliminated this year, the funds would be gone (or redirected) and may not get reinstated due to the budget processes.  Ed suggested that we leave the dues status quo, and revisit if/when we end up in a legal contract/litigation situation.   All members agreed.  We will revisit this in future months.

Steve Walker asked if funds for stewardships will be included in projects.  Jeff stated that stewardship is one of the items that should be in every project.  He also shared that the Catskill Center will have primary responsibility to identify stewardship funding sources before going to the city.  Jeff re-iterated that towns should not approve a project if the stewardship funds do not meet their needs.

9.  Adjourn:  Motion to adjourn was made by Bud Gladstone, seconded by Greg Vurckio.  Motion carried.  The meeting adjourned at 7:15 pm.

Location:  CWC Headquarters (Arkville, NY)

Present:  Ric Coombe, Scott Grey, David Kukle, Bud Gladstone, Edward Snow, David Edinger, Greg Vurckio, Will Outsen, Bill Federice

Others:  Jeff Baker, Jason Merwin, Bruce Dolph, Elizabeth DeFalco, Mary Crisafulli, Cher Woehl

1.  Call to Order:  Ric Coombe called the meeting to order at 6:22pm.

2.  December 18, 2023 Meeting Minutes Approval:  Motion to approve the minutes made by Ed Snow and seconded by Will Outsen.  Motion carried.    

3.  LAP/SAP Negotiations:  Jeff gave an update on the LAP/SAP negotiations sharing that they are moving forward and looking to wrap up the collaborative SAP process.  He shared that the city put together a report to DOH stating that negotiations were still in progress, and all is still going well with them.  DOH was appreciative of the report and the progress being made.  They did however indicate that the negotiations need to be completed by the end of June 2024.  Jeff explained that once the negotiations were completed it would take approximately 18 months to implement due to the various contract reviews and changes that will be required.  Jeff shared that one issue that continues to surface in the negotiations is the limitations in local laws on subdivisions.  Jeff had previously drafted model language for towns to adopt to allow for circumstance when city land acquisitions results in conflict with local laws.   He will share this language with the executive members.   Jeff further discussed that the Coalition’s position is if we get what we wanted for land acquisition in these negotiations, then we will work with the towns to implement and make the changes happen.  He further stated that if we reach an agreement then we will recommend the Coalition establishes a program to assist with this implementation in the towns.

4. Status of Amended City CE to State:   Jeff reported that comments on the Conservation Easement proposed amendments are due by the end of the month.  He shared that the State still had some questions that they are discussing. 

In general, Ric stated that CWT remains comfortable with all negotiations. We are proceeding in good faith and do not anticipate issues as we move forward.  

5. CWC Report:  Jason shared the following information in his CWC report:

• CWC is working with DEP and the business-owner on the signage issue that was discussed in our December meeting.
• Regarding the updates to the FAD, DEP is now required to have an annual meeting to discuss contract issues.  The annual meeting is scheduled for some time in February.  
• CWC is 95% completed on the design of the Shokan Wastewater Plant.  This will be the largest wastewater plant in the watershed.

6.  Warrants and Treasurer’s Report:  Bud reported that as of December 31, 2023,
the checking account had $14,011.34 and
the savings account had $152,458.67. 
Ed Snow made the motion to accept the Treasurer’s report, seconded by Dave Kukle. 
Report accepted.  
Bud presented warrant #104 in the amount of $3,918.58 for payment of December legal fees and October-December Administration fees. 
Bill Federice made a motion to pay warrant #104, seconded by David Edinger.  Motion carried.   
Bud shared with the members that he will reach out to Delaware County regarding the purchase of a CD in the amount of $50,000 as approved in the December 2023 meeting. 

7.  Other:  Will Outsen asked if there was any further information to share on the State’s 30/20/30 legislative proposal.  Jeff stated that he would look into this for the members.

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

Location:  CWC Headquarters (Arkville, NY)

Present:  Ric Coombe, Scott Grey, David Kukle, Steve Walker, Edward Snow, Christina Viafore, David Edinger, Greg Vurckio, Will Outsen, Bill Federice

Others:  Jeff Baker, Tim Cox, Jason Merwin, Nick Carbone, Bruce Dolph, Elizabeth DeFalco, Michelle Yost, DEP Deputy Commissioner Paul Rush, Cher Woehl

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

2.  October 16,  2023 Meeting Minutes Approval:  Motion to approve the minutes made by Ed Snow and seconded by Greg Vurckio.  Motion carried.    

3.  Signage on City Property Issue:  Ric opened this discussion with a brief overview of the issue which deals with DEP notification to a business owner to remove their signage which is on City owned property.   The signage in question was for steam cleaning of boats which is required for boating use on the reservoirs.  Ric introduced DEP Deputy Commissioner Paul Rush, who attended the meeting to talk with members on this and share the status of actions moving forward.   Deputy Commissioner Rush explained the land use rules, which require land use permits for signage and shared the steps taken by DEP on this issue.   Deputy Commissioner Rush reiterated the need for organizations to work together in addressing issues and developing feasible solutions.   On this issue, DEP is working closely with CWC to potentially define and implement a “win-win” solution for all parties involved.   He also shared that there will be no action taken on this specific issue until a solution is developed.   Members and other meeting attendees voiced their appreciation and thanked Deputy Commissioner Rush for attending the meeting in person to provide the update on this issue.

4.  DEP Update:  Deputy Commissioner Rush took this opportunity of attending the CWT meeting to provide updates on what is happening at DEP.    He shared the following:

• DEP is working on their Strategic Plan, which is anticipated to be released in early 2024.  The plan will address watershed issues that have been raised to DEP.
• Procurements appear to be going easier with the changes made, however hiring is still happening slowly and DEP is finding it difficult to fill positions needed especially in Arkville.
• Negotiations on the Land Acquisition and Stream Acquisition Programs are progressing, however members need to be aware that there are a lot of different organizations coming to the table, especially in the SAP negotiations, which has an impact of reaching final resolution.
• An update on the 30 x 2030 legislation recently passed.  Specifically, this legislation states that by 2030,  30% of land will be owned by the State.   DEP was not consulted on this legislation nor were they aware of it prior to its passing and soon will be sitting at the table with stakeholders to discuss further.
• An update on the tunnel closures.  The tunnel closure has been rescheduled for October 2024 due to issues that have arisen with the pumps handling the water flow; settlement and sink holes appearing; and impacts to private wells located near the tunnel.   DEP is working diligently and with tremendous effort to analyze these issues, including analysis of the ground conditions and wells before they implement the shutdown in October.

Ric thanked Deputy Commissioner Rush for attending the meeting and for providing an update to everyone on the DEP activities.  

5. CWT Board Member Vacancies:   Ric discussed the Delaware County CWT vacancies, explaining the process which entails Delaware County members chose an alternate to replace the vacated regular member position and that the alternate will be filled during the regular CWT elections in spring 2024.  

6.  LAP/SAP Negotiations:  Jeff provided a general overview on the ongoing LAP/SAP discussions and shared with members some of the key components addressed in the negotiations.  Negotiating sessions will occur in early January and February.   

7. Status of Amended City CE to State:   Jeff provided a brief overview on the status of these

8.  CWC Report:  Jason shared the following information in his CWC report:

• CWC will be working with DEP on solutions for the signage issue, however, members need to understand that this will take time to develop.  Ric encouraged board members to think of any issues or questions on this matter and to share them with Jason as he moves forward with developing a viable solution with DEP.
• CWC elections are coming up in April, with nominations due in February.  We will hold off CWT elections until after the CWC elections occur, as both CWC and CWT have vacancies that need to be filled for Delaware County.
• CWC now has the authority to complete the FSR’s for septic maintenance.  They will be looking at what is needed, estimated costs, and the benefits to the towns/villages.  They also will be developing the designs and engineering needs.

9.  Warrants and Treasurer’s Report:  As Bud was not in attendance at the meeting, Ric asked Greg Vurckio to provide the treasurer’s report.   Greg reported that as of November 30, 2023
the checking account had $9,521.14 and
the savings account had $142,816.43. 
David Kukle made the motion to accept the Treasurer’s report, seconded by Ed Snow.  Report accepted.  

Bud presented warrant #103 in the amount of $8,715.59 for payment of October and November legal fees and payment to Delaware County Treasurer for fees for checks. 
Steve Walker made a motion to pay warrant #103, seconded by Bill Federice.  Motion carried.   

Ric raised the question on if CWT should buy a CD.   Brief discussion occurred and
David Kukle made the motion to put $50,000 in a CD for 6 months to 1 year, seconded by Will Outsen.  Motion was carried. 
We will be checking with Delaware County Treasurers office on the CD rates at our current bank and proceed from there. 

10.  Executive Session:  Ed Snow made the motion to go into an executive session, Will Outsen seconded the motion.  Motion carried and the executive session started at 7:10 pm.  Invited to remain during the session were: Tim Cox, Jason Merwin, Bruce Dolph, Nick Carbone and Michelle Yost.    Ed Snow made the motion to end the executive session, seconded Bill Federice.   Motion carried and the executive session ended at 8:04 pm.

11.  Adjourn:  Motion to adjourn was made by David Edinger, seconded by Greg Vurckio.  Motion carried.  Meeting adjourned at 8:05 pm.