Location:  CWC Headquarters (Arkville, NY) and via ZOOM

Present:  In attendance at CWC: Ric Coombe, David Kukle, Edward Snow, Greg Vurckio, Steve Walker, Winifred Zubin. Attending remotely:  Bill Federice, Scott Grey

Others:  In attendance at CWC: Jeff Baker, Jason Merwin, Tim Knox Bruce Dolph, Michelle Yost, Cher Woehl. Attending remotely: Nick Carbone, Thomas Hoyt

1.  Call to Order:  Ric Coombe called the meeting to order at 6:35 pm.

2.  May 16, 2022, Meeting Minutes Approval:  Motion to approve the minutes made by Ed Snow and seconded by Greg Vurkio.  Motion carried.    

3. Reports:

a.  FAD Deliverables:  Jeff provided an update on the continuing discussions with DEP on the significant revisions to the Land Acquisition Program.  He shared that there have been very productive meetings with Delaware and Greene Counties, including their Planning and Soil & Water organizations, where they have been identifying examples of the flood hazard and stream management projects that have successfully integrated with the Land Acquisition Program and that will work with FAD. 

Jeff shared that there would be another meeting with DEP in the upcoming weeks.  He anticipates in July there will be a meeting that will have much broader group in attendance.  All in all, the discussions have been very promising and positive and feedback from the city has been very supportive.   Jeff reminded everyone that CWT obtained approval to submit our FAD comments by July 1, 2022.  He shared that the CWC comments to the FAD are very good, and for the most part CWT is in support of them.

Jeff communicated to the members his outline for the CWT comments, which will focus on two primary areas:

• CWT’s support of the revisions to the water supply permits to comply with the Land Acquisition Program (LAP) and,
• CWT’s support on the majority of the CWC comments, especially those related to the issues of contracting including the “after the fact” audits, the ongoing requests for documentation, and the delays in releasing payments.  

Jeff also shared that he is proposing the need for a better mechanism for resolving contract issues, suggesting that DOH create a contract ombudsman in their office to assist with the contract issue resolution. 

Jeff is recommending the only recommendation that CWT not support on the CWC comments to the FAD revisions is CWC’s request to have DEC be named as the primacy agency for the City’s drinking water.  Jeff then provided an overview on the background surrounding who administers the Safe Water and Clean Water Acts for New York.   DEC administers the Clean Water Act which regulates what gets deposited in the rivers and streams.  DOH administers the Safe Water Act which regulates what comes out of our tap.  He stated that while the recommendation from CWC to put this under one agency was reasonable, and would be more efficient, it would require significant legislative changes which would take time to occur.   Tim (Knox) did clarify that CWC is recommending that primacy for the FAD be shared between DOH and DEC.  Tim acknowledged that CWC recognizes this is more a ‘long-term’ solution due to the legislative changes needed to make this happen.  Jason (Merwin) added that the CWC intent was to get this issue on the table to get the right parties thinking about it.  Ric asked Jeff to frame the CWT comment on this in a way that is reflects our understanding of the benefits to this proposal and that we recognize it is a long-term solution.  Ric also reiterated that we need to develop our relationships and communicate “our story” to the various Boards, the communities and the elected officials.  The upcoming meetings with the DEP Commissioner are the first step to achieving this. 

Jason shared that CWC has an upcoming meeting with the Commissioner and will be asking that they assign positions and staff to be housed in the vacant offices at the CWC building.  By having staff onsite, it would result in better communications and more efficient and effective discussions on issues and potential solutions.   Ric agreed, again stating that this is a partnership that must be built on trust.  Working together as a partnership is the key to moving forward.  

b.  Streamside Acquisition:  Ric addressed the comments and questions received by Steve (Walker) regarding the SAP.   Specifically, Steve had concerns on:

• Town & County infrastructure maintenance and improvement as well as expansion,
• Non-compliance with local land use laws (subdivision, etc.)
• Back door land acquisitions by DEP
• Some definitions/parameters need to be clarified with respect to potential acquirable properties

While most of these concerns have been addressed Steve still had questions regarding how DEP can enter into contracts without adhering to the town subdivision regulations.   Both Ric and Jeff indicated that while they haven’t seen a contract, they assume they get the town agreements before proceeding.  Ric stated that these subdivision issues should be managed at the local level, thereby becoming each individual town’s decisions.  If it’s okay with the town based on the contracts they have with DEP, then that may be a reason for the subdivision, clarifying that they would be looked at on a case-by-case basis.  Jeff reiterated that this supports the overall goal to narrow the acquisitions to what is necessary and beneficial to provide for water quality while maximizing the amount of land that is being developed.   Ric closed this discussion by acknowledging Steve’s concerns are all real issues that CWT needs to work on.

c.  Flood Commission Reports:  Nick (Carbone) reported that the tunnel closure will be delayed until next year. 

d.  CWC Report:  Jason reported that CWC has been primarily working on the comments to the FAD revisions and shared that he has received positive feedback from several entities.  He also reported that CWC will be providing a generalized letter to DEP regarding the evaluation of their contracts.  In the past, each contract had a separate evaluation completed on how DEP administered the contract.   This year, due to the FAD revisions and comments, CWC decided to provide a more generalized evaluation.

e.  Below the Reservoirs:  nothing to report

4.  Jeff  reported on the DEC proposed changes to the 360 Regulation that govern solid waste and solid waste management.   What will impact CWT is the restrictions on the use of various types of fill in the watershed, including how you can use concrete aggregate, brick fill, etc.  DEC is proposing severe restrictions in NYC watershed, making it like what they are doing in Nassau and Suffolk counties.  It appears these changes are coming from the Watershed Inspector General, not NYC or DOH.  Jeff will be working with Delaware County on the comments to these changes.  He shared that the “basic rule” is that there must be a scientific basis to put in a restriction that will restrict more.  If it is something that is warranted to maintain water quality for the city a compensation scheme needs to be worked out from the city as the general rule is we should not bare additional regulations that would not apply statewide solely for the benefit of the city receiving it’s FAD.  Jeff shared there will be virtual public hearing on July 19^th with comments due by July 25^th.   Nick raised the concern that this could have significant impact to composting in the watershed, with potential of closing sites.  There will be several restrictions on sites adjacent to the stream corridors.  Nick is scheduled to meet science consultants and will have more input on this soon.

5. Warrants and Treasurer’s Report:   As Treasure Bud Gladstone was not in attendance at the meeting, Ric deputized Greg Vurckio as treasurer for this meeting.  Greg reported that as of May 31, 2022, the checking account has $3,743.49 and the savings account has $131,997.93. 
Dave Kukle made motion to accept the Treasurer’s report, seconded by Bill Federice. 
Report accepted.  
Greg  presented warrant #94 in the amount of $3,132.08 for payment of May legal fees.  
Steve Walker made a motion to pay warrant #94, seconded by Ed Snow. 
Motion carried.

6.  Bill raised a concern regarding DEP contracts and use of local contractors.  Members discussed this concern and the overall bid process.  

7.  Adjourn:  Motion to adjourn was made by Greg Vurckio, seconded by Winifred Zubin.   Motion carried.  Meeting adjourned at 7:30 pm.

May 16, 2022, CWT Executive Board Meeting Minutes
Location:  ZOOM

Present:  Ric Coombe, David Kukle, Bud Gladstone, David Edinger, Bill Federice, Edward Snow, Greg Vurckio, Steve Walker,  Greg Kroyer, Bennett Ratcliff,  Christina Viafore

Others:  Jeff Baker,  Jason Merwin, Nick Carbone, Bruce Dolph, Thomas Hoyt, Michelle Yost, Cher Woehl, Anna Lehr Mueser (visiting graduate student)

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

2.  April 18, 2022, Meeting Minutes Approval:  Motion to approve the minutes made by Bud Gladstone and seconded by Steve Walker.  Motion carried.    

3. Reports:

a.  FAD Deliverables:  Jeff provided a report of the Revised FAD that was issued for review on April 20, 2022.  Jeff shared that he would be providing an overview of the FAD, when it came about and how we got to where we are today.  He shared that the comments to the revised FAD are due by June 3, 2022.  As the revised FAD is an extensive document requiring significant review, the members agreed to request an extension of time for submitting CWT review input.   The motion to direct Jeff Baker to write to NYSDOH to request an extension for written comments on the Draft Revised FAD until July 31, 2022, was made by Steve Walker, seconded by Ed Snow.  Motion carried.    Jeff shared that CWT would need to go into executive session to continue the discussions on the FAD, based on the information to be shared.

b.  Streamside Acquisition:  nothing to report

c.  Flood Commission Report:  nothing to report 

d.  CWC Report:  Jason reported that DEP issued a letter accepting the historical septage numbers.  The contracts were to be effective immediately.  Jason also reported that he and Tim (Cox) are working on the CWC responses to the revised FAD.  A special meeting of the CWC Board will be held on May 23^rd to obtain all FAD comments.   Greg asked Jason if they are accepting new septic projects, to which Jason responded yes they are fully open and ready to move forward.

e.  Below the Reservoirs – nothing to report

4.  Members agreed to address an additional meeting information prior to Executive Session.   Following items were addressed:

• Ric indicated that it is time to issue the annual dues letter.  Jeff will work with Cher on this.
• Nick asked members if anyone had experienced or heard of any issues with farmers wanting to rent from DEP.  He indicated that the agreements are very restrictive and extensive.  Bud shared that there were issues last year with the licenses, but he has been in conversation with Paul Rush, new manager of the program, to resolve some of the issues.  Ric shared that he is a lease holder for some hay land and has not experienced any issues.  Members were asked to ‘keep their eyes and ears open’ and report on any problems they become aware of.

5. Bill Federice made the motion, seconded by Bud Gladstone, to move into Executive Session for further discussion on the FAD contract.  Motion carried.   At 6:42 p.m. CWT Executive Board Members and required attendees moved into Executive Session where Jeff Baker briefed everyone on ongoing negotiations with FAD.  No actions were taken in Executive Session.   At 7:15 p.m. Steve Walker made the motion, seconded by Bill Federice, to return to regular CWT meeting.  Motion carried.

6. Warrants and Treasurer’s Report:   Bud reported that as of April 29, 2022,  the checking account has $2,349.92 and the savings account has $136,974.07.  Steve Walker made motion to accept the Treasurer’s report, seconded by Ed Snow.  Report accepted.   Bud presented warrant #93 in the amount of $3,606.70 for payment of April legal fees.  Greg Vurckio made a motion to pay warrant #93, seconded by David Edinger.  Motion carried.

7.  Christina asked if CWT meetings could be ‘hybrid’ meetings, being attended in person and through ZOOM.  Jeff reported that after June 1, 2022, hybrid meetings would be available, making sure that everyone was aware that to have a quorum there must be at least 5 members in attendance in person.  Bud suggested that Cher sends an email to members prior to the meeting to find out who would be attending in person vs. attending via ZOOM.

8.  Adjourn:  Motion to adjourn was made by Greg Vurckio, seconded by Bud Gladstone.  Motion carried.  Meeting adjourned at 7:19 pm. 

Location:  ZOOM

Present:  Ric Coombe, David Kukle, Bud Gladstone, David Edinger, Bill Federice, Edward Snow, Greg Vurckio, Steve Walker, Winifred Zubin, Scott Grey, Greg Kroyer, Bennett Ratcliff,  Christina Viafore

Others:  Jeff Baker, Tim Cox, Jason Merwin, Nick Carbone, Bruce Dolph, Thomas Hoyt, Michelle Yost, Heidi Emrich, Lillian Brown, Cher Woehl

1.  Call to Order:  Ric Coombe called the meeting to order at 6:46 pm.

2.  Ric welcomed everyone and asked Jeff to share the results of our recent elections.  Jeff introduced himself to the new members (the counsel for CWT) and shared the following:

• From Delaware County – Regular members are  Wayland (Bud) Gladstone, Edward Snow (new), and Winifred Zubin (new).  Alternate members are Shayne Moshier, Will Outsen (new) and Christina Viafore (new).
• From Greene County – Regular members are David Kukle and Steve Walker.  Alternate members are Greg Cross (new) and Greg Kroyer (new).
• From Schoharie County – Regular member is Bill Federice.  Alternate member is Lester Parker.
• From Sullivan County – Regular member is Ric Coombe.  Alternate member is Scott Grey.
• From Ulster County – Regular members are David Edinger (new) and Greg Vurckio.  Alternative members are Drew Boggess and Bennett Ratcliff (new).

Ric congratulated our new members and encouraged everyone to participate as CWT moves forward with the focus on the future of the watersheds. 3.  March 21, 2022, Meeting Minutes Approval:  Motion to approve the minutes made by Steve Walker and seconded by Bud Gladstone.  Motion carried.

4.  Election of CWT Officers:  Ric opened the vote for the new CWT officers by first sharing who the current officers are: Ric Coombe-Chairman, David Kukle-Vice Chairman and Bud Gladstone-Treasurer.  Ric asked for a motion to elect new officers, either by individual positions or by keeping the current slate of officers.   Steve Walker made the motion to retain the current slate of officers.  Bill Federice seconded the motion.  Ric called for the members roll call vote as follows:

CWT Member Wayland (Bud) Gladstone       voting              Yes

CWT Member Edward H. Snow                        voting              Yes

CWT Member Winifred Zubin                        abstain                                   

CWT Member David Kukle                             voting              Yes

CWT Member Steve Walker                           voting              Yes

CWT Member William Federice                     voting              Yes

CWT Member Ric Coombe                             voting              Yes

CWT Member David Edinger                          voting              Yes

CWT Greg Vurckio                                          voting              Yes

Motion to retain the current officers was carried with eight (8) yes votes and one abstain.

5.  Reports:
a.  FAD Deliverables: 

• Jeff provided the history and background on the septage issue CWC with support from CWT are currently working to resolve.   The issue lies with the amount of septage NYC is willing to accept from the watersheds.  Jeff provided an in-depth explanation of the watershed agreements with DEP that were put in place in 1997 and then revised in 2016.  Jeff then turned the discussion over to Ric and Jason (Merwin) to share the results of the meeting they had with DEP Deputy Commissioner Paul Rush on Monday, April 18^th, 2022, at the DEP office in Arkville.
     
• Both Ric and Jason felt the meeting was very productive and positive, sharing that Deputy Commissioner Rush understood the concerns brought forward by CWC and acknowledged the oversight that occurred when DEP reviewed the watershed agreements and septage amounts.     Deputy Commissioner Rush said that they are capacity constrained and need to look at options for sludge removal from their plants.  He also shared that they would return to historical amounts allowed as they continue to work with CWC and CWT on short-term and long-term solutions to this problem.   DEP emphasized their commitment to working towards mutual solutions and would be providing CWC a letter summarizing the meeting and short-term solution.
    
• Regarding the Delaware County Draft Resolution on the Septage Issue that was shared with members, Ric explained that while CWT supports the resolution,  official response will be held in abeyance until the letter from DEP is received.  In the event the DEP letter is unsatisfactory to CWT, then authorization will be provided to Jeff, with consultation from Ric, to move forward with an official complaint consistent with the Delaware County Resolution to the Partnership Council.  David Kukle made the motion to provide Jeff this authorization, Greg Vurckio seconded the motion.  Motion was carried.
   
• Jason shared that CWC will also move forward with a resolution to the Partnership Council in the event the DEP letter is not satisfactory.
    
• Once the DEP letter is received it will be shared with members and determination will be made if resolutions to the Partnership Council will be required.
   
• Ric closed this discussion thanking Jason, Tim (Cox) and Delaware County for reaching out to CWT for support and for assisting to lead this effort.

b.  Streamside Acquisition: 

• Jeff reported that the Land Acquisition Program is currently up for renewal and that SAP is currently being reviewed for extension.  One focus is on how to address the many issues communities have with SAP.  Jeff shared that discussions with NYC occurred in the previous week  and were very positive and encouraging.  Discussions will continue to move forward with small groups at first, then expanded to include others, with the goal to present a collective view to the State that has buy-in from the watershed communities.
  
• Jeff also reported that discussions are continuing on the conservation easements and provided an explanation on what conservation easements are and what changes they are attempting to make.
  
• Michelle shared that NYC is looking for a project that could demonstrate how land swapping could work and be successful. 

c.  Flood Commission Reports – nothing to report—Ric explained to new members what this entailed.

d.  CWC Report –  Jason reported the following:

• The CWC Annual Meeting had their annual meeting and reelected new board members.
• CWC is still working on negotiating the contracts reported on in previous meetings.

e.  Below the Reservoirs – nothing to report

6. Warrants and Treasurer’s Report:   Bud reported that as of March 31, 2022, 
the checking account has $1,501.99 and
the savings account has $139,951.85. 
Greg Vurckio made motion to accept the Treasurer’s report, seconded by David Edinger.  Report accepted.   Bud presented warrant #92 in the amount of $1,745.17 for payment of March legal fees of $573.50 and January – March administrative fees of $1,171.67.
Edward Snow made a motion to pay warrant #92, seconded by David Edinger.  Motion carried.

7.  Adjourn:  Motion to adjourn was made by Greg Vurckio, seconded by Bill Federice.  Motion carried.  Meeting adjourned at 7:41 pm.

Location:  ZOOM

Present:  Ric Coombe, Greg Vurckio, Bud Gladstone, Bill Federice,  David Kuckle, Steve Walker,

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

1.  Call to Order:  Ric Coombe called the meeting to order at 6:19 pm.

2.  February 21, 2022, Meeting Minutes Approval:  Motion to approve minutes made by Greg Vurckio, seconded by Steve Walker.  Motion carried.

3.  Elections:  Jeff provided an update on the elections, sharing that he has received majority of election ballots.   He anticipates receiving the remainder by the due date.   Ric commented CWT will be able to reorganize and appoint any new executive committee positions at the April meeting.   

4.  Catskill Center Correspondence re: NYC Watershed Land Acquisition Program: 
Ric opened the discussion on the letter sent from the Catskill Center to Dr. Mary Basset, Commissioner NYS Department of Health regarding the NYC Watershed Land Acquisition Program.  Ric’s primary message was that CWT needs to present a unified front , working together, in addressing these challenges.   He shared that it is critical that CWT is part of the process, although he voiced the concern that there doesn’t appear to be a process in place.  He asked members if they (1) were comfortable with the process that is currently occurring; (2) do they feel there is enough meetings with all stakeholders involved in discussing the challenges; and (3) do they feel they are part of the current process?   With those questions posed to the members, Ric opened the floor for discussion.

Members provided the following comments and concerns:

• Jeff felt that there needs to be more clarity and openness in the process.  He also agreed that there needs to be a push for more stakeholder meetings, including meetings to define/share what the process is going to be.  Jeff thought the letter in general was a good one, with nothing included that could be deemed too offensive or negative.
• David spoke to the stakeholders meeting, stating that he understood it is a meeting where everyone is around the table discussing various issues and items.  He asked Jeff when the last time a stakeholder meeting like this was held.   Jeff indicated that there has not been an “in-person” stakeholder meeting for some time however there was a ZOOM meeting last fall.  In- person meetings  became restrictive due to the COVID requirements.  Ric shared that in the last stakeholder meetings, discussions did not get into the detail levels that they need to be.
• Thomas had some concerns with the letter.   He felt the Catskill Center was not acting as a stakeholder but as an “arm of DEP”, forcing landowners to sell without regard to market values.  He gave some scenarios which could allow for bending of rules thus enabling DEP to obtain the land they want without allowing for easements on the properties.  Thomas’ main concern was that this letter portrays the Catskill Center as an agent for DEP.   Jeff responded to Thomas’ concerns clarifying that Catskill Center is not really acting as an agent for DEP.  They are a full stakeholder and participate in discussions as such.  They are an agent to DEP on SAP, but Jeff felt this did not impact their position on this overall issue.  Jeff further stated that Catskill Center does want a successful SAP which they believe is better than the Land Acquisition Program.  Jeff reiterated that Catskill Center has an independent voice on the watershed and is a reliable partner.   Jeff informed Thomas that the SAP acquisition issues he raised are currently being addressed. 
• Thomas asked how we can allow SAP to go forward with these issues still not addressed, stating that they can’t even be resolved at the county level (using Scholarie as the example).  Jeff assured Thomas that before SAP is expanded we will want to address and resolve the easement/utilities issues.
• David shared that there is support for the Delaware proposal as it addresses the easement/utilities issues.  Nick commented that this is one of the major concerns Delaware has and wants to resolve.   He also shared that a Delaware want towns to have the choice of opting in or out of the program.  This is a major concern that Delaware is trying to address.
• Michelle asked Jeff if discussions have occurred on the conservation easement issues.  Jeff replied that discussions are in process, and they are attempting to clarify language.  Thomas indicated that as the Supervisor for the Town of Windham he would assume he would be asked to be involved in these discussions.  He has not been asked to participate and questioned who participates in the discussions.  Jeff reiterated that he is involved currently working on the language and will share with members when completed.
• Michelle commented that there is a need to define the critical areas of the program.  Jeff concurred affirming that parameters for SAP need to be defined including providing better definitions of the guidelines and rules of the program.  This information is critical when working with the towns on opting into the program. 
• Bruce voiced a concern regarding towns being asked to change their zoning regulations.   He questioned if a town refuses to modify their zoning regulations, then their only option is to sell sub-divided small parcels, and this is not a good road to go down.   Jeff clarified that the purpose of the sub-division language is to allow the City to buy land along the streams, thereby ‘creating’ a lot on land that cannot be used for anything else.  Allowing this to happen provides for easements and allows for access to the buffers.   Jeff also reiterated that this language is a tool and not mandatory for development.  Bruce asked if we allow for changes in the zoning regulations for the City then shouldn’t others be allowed to do the same thing?   Jeff said no.  However, if a town wanted to open this option up for other conservation type organizations they could.  Jeff explained that there is legal authority for the City that allows them to obtain land to protect their water supply, and this would fall within that authority.  Ric commented that this is yet another example as to why CWT needs to be involved in the process. 
• A question regarding large land acquisitions was raised, and Jeff explained that it would be unrealistic for towns to think that we will go into next phase with zero land acquisitions, especially if we move forward with a SAP-like program.   
• Bud conveyed that he is not comfortable with SAP.  He indicated that if any streamside land is going to be purchased, there needs to be a structure and agreement in place that stipulates there must be a swap with land that is not at streamside.  He felt that with every parcel purchase in the township there needs to be a release of something else/other land.  Ric replied that per the National Academy of Sciences, trading is crucial.  It makes more sense to swap lands.  Ric again stated that we need to provide the city examples of land swaps so that they have a better understanding of this concept and how it works.
• In response to Bruce’s comment that land swaps are not going to happen unless we get out of easements, Ric again said that CWT needs to come forward with reasonable examples, not just concepts.  These examples need to be shared with all individuals/organizations that have an interest so that they can begin understanding the issues and help to move the issue resolution process forward.   These examples need to demonstrate why and how we get out of easements.
• In closing, Ric assured everyone that CWT does have a place at the Stakeholder meeting table.  The problem is that there are not enough meetings.  He said we need to get the message to the stakeholders that CWT expects more, wants more and will be more involved in these meetings.
• Ric asked Jeff to draft a letter to DEC, DOH and DEP sharing our concerns about the process going forward and would like to see more meetings to further discussions. 

5.  Reports:              
a.  FAD Deliverables – nothing to report              
b.  Streamside Acquisition – nothing additional to report              
c.  Flood Commissions Reports – nothing to report              
d.  CWC Report – Jason reported on the following:

• CWC is still trying to work with the city for short-term and long-term solutions for the septic hauling issue.  The amount of septic hauling allowed is being reduced drastically from 70,000-26,000 gallons a week.  Currently, the city is taking in approximately 40,000 gallons a week, which is a little over half of the allowable amount.   Jason said they are working on the short-term solution, hoping that CWT can assist with developing a long-term solution.   Jeff asked Jason to provide CWT with what they want, what CWT can do to help.  Ric asked for a motion to authorize Jeff to get involved in on behalf of CWT.  Steve Walker made the motion, Bud Federice seconded.  Motion was carried.
    
• The CWC annual board meeting is scheduled for April 5 and shared there are three (3) board seats up for election.

6.  Warrant(s) and Treasurer’s Report: 
Bud reported that as of February 28, 2022 ,
the checking account has $3,918.55 and
the savings account has $139,928.08. 
Motion was made by David Kuckle to accept the Treasurer’s report, seconded by Bill Federice.  Report accepted.  
Bud presented warrant #91 in the amount of $407.00 for payment of February legal fees. 
Greg Vurckio made a motion to pay this warrant, seconded by Steve Walker.  Motion carried.

7. Adjourn:   Meeting was adjourned by Ric Coombe at 7:22 pm.