CATSKILL WATERSHED CORPORATION Board of Directors Meeting MINUTES February 6, 1:00 p.m.

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1 CATSKILL WATERSHED CORPORATION Board of Directors Meeting 1:00 p.m. I. Call to Order II. III. Pledge of Allegiance: Led by David Warne Roll Call of Directors Michael Triolo requested -a moment of silence in memory of Jake Rosa, councilman of the Town of Middletown and son of Alan Rosa. Members Present: James Eisel, Thomas Hynes, Innes Kasanof, Wayne Marshfield, Mark McCarthy, Tina Molé, Richard Parete, James Sofranko, Michael Triolo, John Schwartz (New York City DEP), and Anthony Van Glad. Members Excused: Martin Donnelly and Tom Snow. Staff Members Present: Samantha Costa, Timothy Cox, Diane Galusha, Lynn Kavanagh, Leo LaBuda, James Martin, Sonia Martinez, John Mathiesen, Jason Merwin, and Barbara Puglisi. Others Present: Charles Gregory, Supervisor (Town of Walton), Tracy Ledder (NYS Department of Health), Michael Meyer (New York City DEP), and Matt Gianetta. IV. Review and Approval of January 2, 2018 Board Meeting Minutes A motion to approve the minutes from the January 2, 2018 board meeting was made by Anthony Van Glad and seconded by Innis Kasanof. V. Presentation of Communication Finance Report A motion to approve the financial reports as of November 31 st, 2017 was made by James Sofranko and seconded by Robert Pelham. Executive Director s Report The Executive Director s Report was presented as outlined in the board packet. 1

2 Committee Schedule There will be a Governance meeting for next month. Committee Meeting Minutes A motion to approve the committee minutes was made by James Eisel and seconded by Thomas Hynes. VI. Public Discussion David Warne (NYC DEP) informed the Board about a capital project rehabilitating the intake chamber at the Schoharie Reservoir. The current intake will be shut down for approximately 2 months starting in March and no water will be released through the Shandaken Tunnel during that time period. James Sofranko asked about the work at the intake, how long until it is completed, and if the work is expected to reduce the turbidity in the Esopus Creek from the Shandaken Tunnel? David Warne replied that it may help a bit with turbidity but much of the Schoharie Reservoir is turbid no matter the depth. Dave continued that there may be a benefit to temperature of the releases though.. Diane noted that Adam Bosch from DEP will be at the Schoharie Watershed Conference on April 7 th Adam will be providing information about this work. David Warne introduced Paul Lenz and Tom Davidock to do speak about proposed changes to the Watershed Recreation Rules. In lieu of a summary, a copy of their power point presentation is attached to these minutes. James Sofranko asked about designation of use for properties, in particular nearness of homes and lack of parking. He also noted that public parking for the Ashokan Reservoir was very limited especially on days with nice weather. Paul Lenz responded that parking isn t a consideration when determining if a property should be open to the public for recreational use. He noted that there s usually a pull off nearby and neighbors often want to the use the property as well. James Sofranko also asked about patrolling and signage, especially when DEP property borders private land. Paul Lenz responded that properties are inspected at least every five years, and that while not on a regular schedule, NYCDEP Police do patrol the properties. Not all properties have boundary signage but NYCDEP have installed private property ahead signs when appropriate. Paul noted that DEP default is for a property to be a public access area. Paul concluded and noted NYCDEP will hold public hearings on the proposed regulation changes in March or April with the hope that the regulations will be in place by the end of the 2018 boating season. Presentation of Resolutions Septic Reimbursement Over $25,000 David Lee Tab 6 A motion to approve Resolution No was made by Anthony Van Glad and seconded by Robert Pelham. RESOLUTION NO

3 BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: DAVID LEE WHEREAS, pursuant to the Watershed Memorandum of Agreement and the Septic System Rehabilitation and Replacement Program Contracts with New York City Department of Environmental Protection, the Catskill Watershed Corporation ( CWC ) shall act as program manager for the Septic Program and implement the Septic Program consistent with the terms of said contracts; and WHEREAS, pursuant to section 2:01:09 of the CWC Septic Rehabilitation and Replacement Program Rules Article 2A, if the total amount requested for reimbursement is more than Twenty- Five Thousand Dollars ($25,000) CWC staff shall forward the design with recommendation to the CWC Board for approval; and WHEREAS, CWC staff has reviewed a construction quote submitted by a contractor for the septic system repair in the amount of Twenty-Eight Thousand Dollars ($28,000.00); and WHEREAS, the contractor s quote for this system is more than Twenty-Five Thousand Dollars ($25,000); and WHEREAS, the CWC staff have determined the contractor s quote of Twenty-Eight Thousand Dollars ($28,000.00) to be a reasonable cost for this system in accordance with our schedule of values; and WHEREAS, the Septic Committee has reviewed the documentation and recommend approving the contractor s quote of Twenty-Eight Thousand Dollars ($28,000.00) as it is in substantial agreement with our schedule of values. NOW, THEREFORE LET IT BE RESOLVED, that the CWC Board of Directors approves the eligible cost of this system for reimbursement to be the total not-to-exceed amount of Twenty-Eight Thousand Dollars ($28,000.00). David Lee Backup Mr. Lee s property is located in the Town of Conesville, Schoharie County. Homeowner and CWC staff received a quote from a contractor in the amount of $28, This system is for a three bedroom house. The major components for this system include one thousand gallon septic tank, one pump station, one distribution box, one clean out and extensive site restoration. The quote does not exceed the CWC Schedule of Values. The Septic Committee recommends that the Board of Directors approve reimbursement in an amount not to exceed $28, Septic Reimbursement Over $25,000 Paul Sandor Tab 7 A motion to approve Resolution No was made by Anthony Van Glad and seconded by Dave Warne. 3

4 RESOLUTION NO BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: PAUL SANDOR WHEREAS, pursuant to the Watershed Memorandum of Agreement and the Septic System Rehabilitation and Replacement Program Contracts with New York City Department of Environmental Protection, the Catskill Watershed Corporation ( CWC ) shall act as program manager for the Septic Program and implement the Septic Program consistent with the terms of said contracts; and WHEREAS, pursuant to section 2:01:09 of the CWC Septic Rehabilitation and Replacement Program Rules Article 2A, if the total amount requested for reimbursement is more than Twenty- Five Thousand Dollars ($25,000) CWC staff shall forward the design with recommendation to the CWC Board for approval; and WHEREAS, CWC staff has reviewed a construction quote submitted by a contractor for the septic system repair in the amount of Twenty-Seven Thousand Seven Hundred Seventy-Five Dollars ($27,775.00); and WHEREAS, the contractor s quote for this system is more than Twenty-Five Thousand Dollars ($25,000); and WHEREAS, the CWC staff have determined the contractor s quote of Twenty-Seven Thousand Seven Hundred Seventy-Five Dollars ($27,775.00) to be a reasonable cost for this system in accordance with our schedule of values; and WHEREAS, the Septic Committee has reviewed the documentation and recommend approving the contractor s quote of Twenty-Seven Thousand Seven Hundred Seventy-Five Dollars ($27,775.00) as it is in substantial agreement with our schedule of values. NOW, THEREFORE LET IT BE RESOLVED, that the CWC Board of Directors approves the eligible cost of this system for reimbursement to be the total not-to-exceed amount of Twenty-Seven Thousand Seven Hundred Seventy-Five Dollars ($27,775.00). Paul Sandor Backup Mr. Sandor s property is located in the Town of Prattsville, Greene County. Homeowner and CWC staff received a quote from a contractor in the amount of $27, This system is for a three bedroom house. The major components for this system include one thousand gallon septic tank, 128 lineal feet of 4 gravity piping, one distribution box, 540 cubic yards of absorption fill material, 12 cubic yards of random fill, 245 lineal feet of absorption trench, 230 lineal feet of curtain drain, tree removal, temporary access road, a clean out, and complete site restoration. The quote does not exceed the CWC Schedule of Values. The Septic Committee recommends that the Board of Directors approve reimbursement in an amount not to exceed $27,

5 Septic Reimbursement Over $25,000 Additional Costs Carol Hulbert Tab 8 A motion to approve Resolution No was made by Robert Pelham and was seconded by Tina Molé. RESOLUTION NO BOARD APPROVAL OF ADDITIONAL FUNDS FOR SEPTIC CONSTRUCTION OVER $25,000: CAROL HULBERT WHEREAS, pursuant to the Watershed Memorandum of Agreement and the Septic System Rehabilitation and Replacement Program Contracts with New York City Department of Environmental Protection, the Catskill Watershed Corporation ( CWC ) shall act as program manager for the Septic Program and implement the Septic Program consistent with the terms of said contracts; and WHEREAS, pursuant to section 2:01:09 of the CWC Septic Rehabilitation and Replacement Program Rules Article 2A, if the total amount requested for reimbursement is more than Twenty- Five Thousand Dollars ($25,000.00) CWC staff shall forward the design with recommendation to the CWC Board for approval; and WHEREAS, the CWC Board approved reimbursement to Carol Hulbert in an amount not to exceed Twenty-Four Thousand Eight Hundred Dollars ($24,800.00); and WHEREAS, CWC staff has reviewed an additional construction invoice of costs incurred submitted by the homeowner for the septic system repair in the amount of Five Thousand Forty- Three Dollars ($5,043.00); and WHEREAS, the total contractor s invoices for this system is more than Twenty-Five Thousand Dollars ($25,000.00); and WHEREAS, CWC staff have determined the total reasonable cost of the additional work according to CWC Schedule of Values to be Five Thousand Forty-Three Dollars ($5,043.00); and WHEREAS, CWC staff have determined that Twenty-Nine Thousand Eight Hundred Forty- Three Dollars ($29,843.00) is a reasonable cost for this system in accordance with our schedule of values; and WHEREAS, the Septic Committee has reviewed the documentation and recommend approving total reimbursement of Twenty-Nine Thousand Eight Hundred Forty-Three Dollars ($29,843.00) as it is in substantial agreement with our schedule of values. NOW, THEREFORE LET IT BE RESOLVED, that the CWC Board of Directors approves the eligible cost of this system for reimbursement to be the total not-to-exceed amount of Twenty-Nine Thousand Eight Hundred Forty-Three Dollars ($29,843.00). 5

6 Carol Hulbert Backup Ms. Hulbert s property is located in the Town of Walton, Delaware County. CWC Board of Directors previously approved reimbursement for this project at $24, During construction the engineer noted that a higher than anticipated ground water lever. A 100 gallon septic tank and the 1200 gallon pump station was located at a higher elevation to avoid setting the tanks underwater. This resulted in an additional 100 cubic yards of fill hauled to the site to insure the proper cover over the septic tank and pipe line to the distribution box. In addition, the Project Engineer requested that a cutoff be installed (100 lineal feet of 6 inch perforated piping and stone, plus 10 lineal feet of solid outlet piping) to alleviate the high ground water conditions. The installation of the cutoff drain resulted in the removal of a tree and its stump. A reasonable and just cost for the additional work according to the CWC Schedule of Values is $5, The Septic Committee recommends that the Board approves an additional reimbursement of $5,043.00, for total reimbursement not to exceed $29, Septic Reimbursement Over $25,000 Additional Costs Shelley Rosenblum Tab 9 A motion to approve Resolution No was made by Anthony Van Glad and was seconded by James Sofranko. RESOLUTION NO BOARD APPROVAL OF ADDITIONAL FUNDS FOR SEPTIC CONSTRUCTION OVER $25,000: SHELLEY ROSENBLUM WHEREAS, pursuant to the Watershed Memorandum of Agreement and the Septic System Rehabilitation and Replacement Program Contracts with New York City Department of Environmental Protection, the Catskill Watershed Corporation ( CWC ) shall act as program manager for the Septic Program and implement the Septic Program consistent with the terms of said contracts; and WHEREAS, pursuant to section 2:01:09 of the CWC Septic Rehabilitation and Replacement Program Rules Article 2A, if the total amount requested for reimbursement is more than Twenty- Five Thousand Dollars ($25,000.00) CWC staff shall forward the design with recommendation to the CWC Board for approval; and WHEREAS, on March 7, 2017, by Resolution Number 3013, the CWC Board approved reimbursement to Shelley Rosenblum in an amount not to exceed Twenty-Seven Thousand Four Hundred Forty-Three Dollars and Thirty Cents ($27,443.30); and WHEREAS, CWC staff has reviewed an additional construction invoice of costs incurred submitted by the homeowner for the septic system repair in the amount of Nine Hundred Seventy-Two Dollar and Twenty Cents ($972.20); and 6

7 WHEREAS, the total contractor s invoices for this system is more than Twenty-Five Thousand Dollars ($25,000.00); and WHEREAS, CWC staff have determined the total reasonable cost of the additional work according to CWC Schedule of Values to be Nine Hundred Seventy-Two Dollar and Twenty Cents ($972.20); and WHEREAS, CWC staff have determined that Twenty-Eight Thousand Four Hundred Fifteen Dollars and Fifty Cents ($28,415.50) is a reasonable cost for this system in accordance with our schedule of values; and WHEREAS, the Septic Committee has reviewed the documentation and recommend approving total reimbursement of Twenty-Eight Thousand Four Hundred Fifteen Dollars and Fifty Cents ($28,415.50) as it is in substantial agreement with our schedule of values. NOW, THEREFORE LET IT BE RESOLVED, that the CWC Board of Directors approves the eligible cost of this system for reimbursement to be the total not-to-exceed amount of Twenty-Eight Thousand Four Hundred Fifteen Dollars and Fifty Cents ($28,415.50). Shelley Rosenblum Backup Ms. Rosenblum s property is located in the Town of Conesville, Schoharie County. CWC Board of Directors previously approved reimbursement for this project at $27, During construction the Project Engineer requested changing the swale to a curtain drain to control both surface runoff and groundwater. The contractor completed the task (145 lineal feet of curtain drain swale) A reasonable and just cost for the additional work according to the CWC Schedule of Values is $ The Septic Committee recommends that the Board approves an additional reimbursement of $972.20, for total reimbursement not to exceed $28, Septic Appeal Marshall S. Pitkin Tab 10 A motion to deny Resolution No was made by Robert Pelham and was seconded by Anthony Van Glad. RESOLUTION NO SEPTIC PROGRAM APPEAL MARSHALL S PITKIN WHEREAS, pursuant to 1997 New York City Watershed Memorandum of Agreement ( MOA ) paragraph 124 and Program Contracts with the New York City Department of Environmental Protection ( NYCDEP ), the Catskill Watershed Corporation ( CWC ) established a Septic System Rehabilitation and Replacement Program ( Septic Program ) to replace or repair eligible septic systems, serving one or two family residences with less than 1,000 gallons per day flow in the New York City Watershed West of the Hudson River; and 7

8 WHEREAS, in 2008, Marshall Pitkin signed a program participation agreement to be eligible for reimbursement from CWC pursuant to the CWC Septic Program and at the time Mr. Pitkin was eligible for 60% of eligible costs because the property was not his primary residence; and WHEREAS, the CWC staff reviewed a request for eligibility from Marshall S Pitkin for reimbursement of one hundred percent (100%) of eligible costs to replace a septic system serving a single family residence in the Town of Stamford, Delaware County, under the CWC Septic Program; and WHEREAS, the CWC Septic Program rules established an appeals process that permits an applicant to appeal to the CWC Board of Directors when the applicant disputes the CWC staff determination; and WHEREAS, Marshall S Pitkin timely submitted a letter appealing the determination of ineligibility; and WHEREAS, the Septic Program rules provides that the CWC Board of Directors may reverse the decision to deny reimbursement in whole or in part in the following instances: a) The applicant was wrongly deemed ineligible; b) The applicant was wrongly denied reimbursement, in whole or in part, based upon an incorrect determination that the work for which reimbursement is sought was not necessary. c) The applicant was wrongly denied reimbursement, in whole or in part, based upon an incorrect determination that the cost of the work for which reimbursement is sought is not reasonable. d) There are special circumstances involved which warrant eligibility to the program or that warrant reimbursement; and WHEREAS, the CWC Septic Committee has reviewed Marshall S Pitkin s Appeal pursuant to the criteria and procedure established by the CWC Article 2-A, 2:01:10; and WHEREAS, the Septic Committee recommends denying the appeal. NOW, THEREFORE, LET IT BE RESOLVED, that the CWC Board of Directors has reviewed the Septic Reimbursement Program Appeal and makes the following determination: x Denies the Appeal Grants the Appeal Marshall S Pitkin Septic Appeal Mr. S Pitkin owns property in the Town of Stamford, Delaware County. A copy of his appeal letter is attached. 8

9 He signed a Septic Program participation agreement on May 9, At the time, the property was not his primary residence and he was eligible for 60% reimbursement of eligible costs. Pursuant to the attached appeal letter, Mr. Pitkin seeks reimbursement of 100% of his costs. Mr. Pitkin states that he is a primary resident now and therefore his reimbursement percentage should be 100%. The CWC Septic Program Rules section 2:01:02 (3) provides that: 3. The percentage of cost eligibility shall be set when the property owner first applies to the Program. The homeowner portion of cost shall not change for the subsequent owner of the property, even if his/her residency status is different than that of the prior owner who first participated in the Program. Based upon the foregoing, CWC declined to change the percentage of reimbursement. Mr. Pitkin thereafter sent in the appeal letter and the three reimbursement checks he received. Septic Program Rule Change Managed Repair Tab 11 A motion to approve Resolution No was made by Thomas Hynes and was seconded by Wayne Marshfield. RESOLUTION NO CWC SEPTIC PROGRAM RULE CHANGE MANAGED REPAIRS WHEREAS, pursuant to the Watershed Memorandum of Agreement ( MOA ) and the Septic System and Rehabilitation and Replacement Program and Septic Program Contracts with New York City Department of Environmental Protection, the Catskill Watershed Corporation ( CWC ) shall act as program manager for the Septic Program and implement the Septic Program consistent with the terms of said contracts; and WHEREAS, the CWC Septic Program Rules Article 2A, Section 2:01:06 provide that properties in certain communities as defined in Paragraph 122 of the MOA have a limited eligibility for reimbursement under the Septic Programs; and WHEREAS, the CWC Septic Committee recommends that the Septic Program Rules be amended as described in Attachment A to provide that identified septic failures in areas of limited eligibility may be addressed by managed repair funding, regardless of distance to a watercourse. NOW THEREFORE BE IT RESOLVED, that the CWC Board of Directors amends CWC Septic Program Rules Article 2 as shown in Attachment A. 2:01:06. Areas with Limited Eligibility 9

10 1. Some residences within the Watershed have limited eligibility to be included in the Septic Program because another MOA program will potentially alleviate the need for a functioning septic system at that residence. All homeowners in receipt of an NOV/NOF should contact CWC to confirm eligibility under the Septic Program before assuming full program eligibility. 2. Properties located in the following areas may have limited eligibility to be included in this program: a. Residences scheduled to be included in the sewer extension programs in the vicinity of NYC owned wastewater treatment facilities: 1. Village of Tannersville/Town of Hunter 2. Hamlet of Grand Gorge 3. Village of Margaretville/Town of Middletown 4. Hamlet of Grahamsville 5. Hamlet of Pine Hill b. The portions of the following 22 communities that are participating in the New Sewage Treatment Infrastructure Program: [Listed as Community, Town (County)] 1. Village of Hunter, Town of Hunter (Greene Co.) 2. Village of Fleischmanns, Town of Middletown (Delaware Co.) 3. Hamlet of Windham/Hensonville, Town of Windham (Greene Co.) 4. Village of Andes, Town of Andes (Delaware Co.) 5. Hamlet of Roxbury, Town of Roxbury (Delaware Co.) 6. Hamlet of Phoenicia, Town of Shandaken (Ulster Co.) 7. Hamlet of Prattsville, Town of Prattsville (Greene Co.) 8. Hamlet of Bloomville, Towns of Kortright/Stamford (Delaware Co.) 9. Hamlet of Boiceville, Town of Olive (Ulster Co.) 10. Hamlet of Hamden, Town of Hamden (Delaware Co.) 11. Hamlet of Delancey, Town of Hamden (Delaware Co.) 12. Hamlet of Bovina Center, Town of Bovina (Delaware Co.) 13. Hamlet of Ashland, Town of Ashland (Greene Co.) 14. Hamlet of Haines Falls, Town of Hunter (Greene Co.) 15. Hamlet of Trout Creek, Town of Tompkins (Delaware Co.) 16. Hamlet of Lexington, Town of Lexington (Greene Co.) 17. Hamlet of S. Kortright, Towns of Kortright/Stamford (Delaware Co.) 18. Hamlet of Shandaken, Town of Shandaken (Ulster Co.) 19. Hamlet of West Conesville, Town of Conesville (Schoharie Co.) 20. Hamlet of Claryville, Towns of Denning/Neversink (Ulster & Sullivan Co.) 21. Hamlet of Halcottsville, Town of Middletown (Delaware Co.) 22. Hamlet of New Kingston, Town of Middletown (Delaware Co.) 3. Except as provided in paragraph 4 below herein, properties listed in 2 above will be excluded from participating in the Septic Program. When except where a failure confirmed by NYCDEP at a property located within one of the areas listed in 2 above regardless of whether or not such property is in a priority area as identified in Section 2:00:02:03, requires a temporary repair to manage the priority repair failure, the property may be eligible for Septic Program for a managed repair, The Executive Director of CWC must approve such managed repair, and shall base approval on the severity of the threat to water 10

11 quality and the timing of the anticipated alternate program. This section does not apply to communities that do not participate in the alternate program. 4. Upon approval by the Executive Director to proceed with a managed repair, CWC staff and/or the property owner shall consult with NYCDEP staff to discuss scope of the needed repair. The homeowner is responsible for procuring a design professional to obtain an approved design. The homeowner will also obtain a quote for the work. The quote for the work will be submitted to CWC for funding approval. The homeowner shall complete the repair and submit the costs for reimbursement. For each system that receives a managed repair and is subsequently not included in an alternate program, CWC may review the managed repair and implement design if any upgrade is needed, as determined by CWC Executive Director. (Formerly Paragraph 6. Language is unchanged) 5. A property owner who is eligible to participate in the alternate program listed above, but elects not to, shall not be eligible to participate in the Septic Program until all other systems within the Watershed have been inspected under the program, unless specifically approved by the Executive Director, due to unique circumstances. 6. If any of the communities listed above do not participate in the alternate program, property owners in the non-participating communities shall not be eligible to participate in the Septic Program until all other systems within the Watershed have been inspected under the program, except as provided in Section 2:00:02:01. This ineligibility will not apply to properties that are participating in the Septic Program either as of October 26, 2009 or prior to a community determining not to participate, either by resolution, vote of eligible property owners, or inaction, whichever is later. For the purposes of this paragraph, communities means the proposed service areas as identified in the New York State Environmental Facilities Report dated December, Properties in the Prattsville Washington Street Priority Area as defined in Section 2:00:03(2) are eligible to participate in the Septic Program to the extent that: a. The Septic Program Funds used shall connect these Properties via a sewer extension to the Prattsville WWTP collection system; b. Are funds specifically transferred from the Future Stormwater Program to the Septic Program for such defined purpose; c. Each Property has been determined to be unsuitable for an on-site SSTS repair due to each Property s small lot size, terrain, unsuitable soils, and short depth to ledgerock; and d. Each Property is included in the Prattsville Sewer District and would have been connected to the Prattsville WWTP as part of the NIP Program except that the Prattsville NIP Block Grant funding has been fully expended. Future Stormwater Benjamin Dates Design Tab 12 11

12 A motion to approve Resolution No was made by Wayne Marshfield and was seconded by Thomas Hynes. RESOLUTION NO BOARD REVIEW OF BENJAMIN DATES FUTURE STORMWATER PROGRAM APPLICATION FOR REIMBURSEMENT WHEREAS, the 1997 New York City Watershed Memorandum of Agreement (Watershed MOA ) paragraph 128 directs the Catskill Watershed Corporation (CWC) to establish a program to pay for the reasonable and proper cost to design, implement, permit, construct and maintain new stormwater measures pursuant to stormwater pollution prevention plans solely required by the 18-39(b)(3) and 18-39(e) of the watershed regulations and not otherwise required by State or federal law; and WHEREAS, Benjamin Dates has applied for funding of eligible design costs in the not-toexceed amount of Twelve Thousand Five Hundred Dollars ($12,500.00) for the design of an eligible project; and WHEREAS, the Program Rules require that the CWC Board shall review and approve each application, with attached documentation and staff recommendations; and WHEREAS, recommended eligible costs equal a not-to-exceed amount of Twelve Thousand Five Hundred Dollars ($12,500.00); and WHEREAS, the CWC Wastewater Committee recommended that the application be approved by the CWC Board. NOW, THEREFORE, LET IT BE RESOLVED, that the CWC Board of Directors has reviewed the attached application, staff recommendation and supporting documentation and approves funding in a total not-to-exceed amount of Twelve Thousand Five Hundred Dollars ($12,500.00). Backup Benjamin Dates Property Benjamin Dates property is located in the McMurdy Brook subdivision in the Town of Kortright, Delaware County. He is required to comply with the Watershed Rules and Regulations enforced by the NYCDEP. NYCDEP solely required a Stormwater Pollution Prevention Plan (SWPPP) as the project is part of development that qualifies as a common plan of sale, requiring an SWPPP under the Watershed Rules and Regulations, but NYSDEC regulations did not require a SWPPP in this case. As an individual applicant, CWC will be reimbursing 100% of eligible costs. CWC Stormwater/Wastewater Committee recommends funding approval on the following costs: Requested Recommend Funding SWPPP Design $ 12, $ 12,

13 Total Recommended Funding $12, Future Stormwater Additional Funds Full Moon Tab 13 A motion to approve Resolution No was made by Thomas Hynes and was seconded by James Sofranko. RESOLUTION NO BOARD REVIEW OF FUTURE STORMWATER PROGRAM APPLICATION FOR CREATIVE ENVIRONMENTS, LLC (FULL MOON RESORT) STORMWATER CONTROLS WHEREAS, the 1997 New York City Watershed Memorandum of Agreement ( Watershed MOA ) paragraph 128 ( Future Stormwater Program ) directs the Catskill Watershed Corporation ( CWC ) to establish a program to pay for the reasonable and proper cost to design, implement, permit, construct and maintain new stormwater measures pursuant to stormwater pollution prevention plans required by the 18-39(b)(3) and 18-39(e) of the watershed regulations; and WHEREAS, Section 145(ii) of the Watershed MOA and the West of Hudson Future Stormwater Program Rules provides for payment of eligible project costs required solely by the New York City Department of Environmental Protection ( NYCDEP ) and not otherwise required by State or federal law; and WHEREAS, on December 5, 2017, by Resolution Number 3196, the CWC Board of Directors approved an application by Creative Environments, LLC for funding of eligible design and implementation costs in the not-to-exceed amount of Sixty Thousand One Hundred Seventy- Seven Dollars and Fifty Cents ($60,177.50); and WHEREAS, on January 2, 2018, by Resolution Number 3218, the CWC Board of Directors approved an application by Creative Environments, LLC for funding of eligible design and implementation costs in the not-to-exceed amount of Thirty-Six Thousand Four Hundred Eighty- Seven Dollars and Seventy-Eight Cents ($36,487.78); and WHEREAS, Creative Environments, LLC has requested additional reimbursement of eligible costs in the amount of Twelve Thousand One Hundred Forty-Seven Dollars Fifty Cents ($12,147.50), for an amended total not-to-exceed amount of One Hundred Eight Thousand Eight Hundred Twelve Dollars and Seventy-Eight Cents ($108,812.78); and WHEREAS, the CWC share of stormwater funding is 50% of the eligible costs for this project because Creative Environments, LLC is a small business under Watershed MOA Paragraph 145; and 13

14 WHEREAS, the Future Stormwater Program Rules require that the CWC Board of Directors shall review and approve each application, with attached documentation and staff recommendations; and WHEREAS, upon review of the information and staff recommendation, the CWC Wastewater/Stormwater Committee recommends that the CWC Board of Directors approve an amended not-to-exceed amount One Hundred Eight Thousand Eight Hundred Twelve Dollars and Seventy-Eight Cents ($108,812.78) for the Creative Environments, LLC Future Stormwater Project. NOW, THEREFORE, LET IT BE RESOLVED, that the CWC Board of Directors has reviewed the attached application, staff recommendation and supporting documentation and approves additional funding in the amount of Twelve Thousand One Hundred Forty-Seven Dollars Fifty Cents ($12,147.50), for a total not-to-exceed amount of One Hundred Eight Thousand Eight Hundred Twelve Dollars and Seventy-Eight Cents ($108,812.78). CWC Future Stormwater Controls Program Creative Environments, LLC (Full Moon Resort) Town of Shandaken, Ulster County Creative Environments, LLC is a wedding venue in the Town of Shandaken, Ulster County. The applicant constructed a concrete slab for a large party tent to accommodate weddings. The concrete slab, an impervious surface, is located within 100 feet of a watercourse. NYC DEP issued a notice of violation on January 6, 2016 against the applicant for its failure to prepare a SWPPP prior to the construction. The total disturbance is under an acre and only requires a NYCDEP stormwater pollution prevention plan. No State stormwater requirements apply to this project. Creative Environments, LLC is a small business therefore they are eligible for 50% reimbursement of eligible costs from the CWC and are eligible to apply to the NYC DEP for the remaining 50%. The swale as designed was not feasible due to not having enough grade to outlet to the existing watercourse so a new plan was developed to route the water around the pavilion. This added an additional cost along with the original estimate for the gutters was an incorrect size and an estimate has been received for the additional gutters on the changing room and bathrooms. Total Eligible Additional Costs $24, NYCDEP 50% Share $12, Recommended CWC funding 50% of eligible SWPPP costs $12, Future Stormwater Additional Funds T. of Prattsville Medical Clinic Tab 14 A motion to approve Resolution No was made by Innis Kasanof and was seconded by James Sofranko. RESOLUTION NO

15 BOARD REVIEW OF FUTURE STORMWATER PROGRAM APPLICATION FOR TOWN OF PRATTSVILLE (MEDICAL CLINIC) ADDITIONAL FUNDS STORMWATER CONTROLS WHEREAS, the 1997 New York City Watershed Memorandum of Agreement ( Watershed MOA ) paragraph 128 ( Future Stormwater Program ) directs the Catskill Watershed Corporation ( CWC ) to establish a program to pay for the reasonable and proper cost to design, implement, permit, construct and maintain new stormwater measures pursuant to stormwater pollution prevention plans required by the 18-39(b)(3) and 18-39(e) of the watershed regulations; and WHEREAS, the Town of Prattsville has applied for a not-to-exceed amount of Sixty-Two Thousand Four Hundred Forty-Four Dollars and Six Cents ($62,444.06) for design and construction of new stormwater controls related to the new construction of a medical building being owned by the Town and leased to Bassett Hospital and the project requires a NYS stormwater pollution prevention plan (SWPPP) and a New York City Department of Environmental Protection (NYCDEP) approved SWPPP; and WHEREAS, the CWC Future Stormwater Program Rules provide that for a project where both a State/federal SWPPP is required to be prepared and a Notice of Intent is required to be filed, and a NYCDEP SWPPP approval is also required, eligible costs shall be fifty percent (50%) of all reasonable and eligible stormwater costs; and WHEREAS, the Future Stormwater Program Rules require that the CWC Board of Directors shall review and approve each application, with attached documentation and staff recommendations; and WHEREAS, on March 7, 2017, by Resolution Number 3017, the CWC Board of Directors approved an application by Town of Prattsville for funding of eligible design and implementation costs in the not-to-exceed amount of Sixty-Two Thousand Four Hundred Forty- Four Dollars and Six Cents ($62,444.06); and WHEREAS, the Town of Prattsville has requested additional reimbursement of eligible costs in the amount of Sixteen Thousand Nine Dollars and Eighty-Six Cents ($16,009.86), for an amended total not-to-exceed amount of Seventy-Eight Thousand Four Hundred Fifty-Three Dollars and Ninety-Two Cents ($78,453.92); and WHEREAS, the CWC Wastewater/Stormwater Committee recommends that the application be approved by the CWC Board of Directors. NOW, THEREFORE, LET IT BE RESOLVED, that the CWC Board of Directors has reviewed the attached application, staff recommendation and supporting documentation and approves additional funding in the amount of Sixteen Thousand Nine Dollars and Eighty-Six Cents ($16,009.86), for a total not-to-exceed amount of Seventy-Eight Thousand Four Hundred Fifty-Three Dollars and Ninety-Two Cents ($78,453.92). NOW, THEREFORE BE IT FURTHER RESOLVED, approval of funding by the CWC Board of Directors constitutes a preliminary decision under the 1997 Watershed Memorandum of Agreement and the decision will become final without any further action by the CWC Board of 15

16 Directors unless an objection is timely filed with the Watershed Protection and Partnership Council. CWC Future Stormwater Program Application Town of Prattsville (Medical Clinic), Greene County Town of Prattsville has applied for design and construction funding. The Town is building a new medical building and leasing it to Bassett Hospital. The site required a SWPPP under the New York State general stormwater permit and NYC DEP SWPPP with additional requirements above and beyond State and Federal Regulations. This project is eligible for one half of the stormwater design and construction costs. Previously it was thought that the soil erosion controls were included in the bid amount for the stormwater controls but it was not and is a separate line item in the contractor s payment application. Additionally inspections have continued as the project has not received construction approval from NYC DEP. Total Stormwater Costs: $32, Total Recommended CWC Funding: $16, Recommended CWC funding is one half of eligible SWPPP design and construction costs $16, LTAP 2018 Grant Round Deadline Tab 15 A motion to approve Resolution No was made by Innis Kasanof and was seconded by Robert Pelham. RESOLUTION NO LOCAL TECHNICAL ASSISTANCE PROGRAM SUSTAINABLE COMMUNITIES 2018 GRANT ROUND DEADLINE WHEREAS, the Catskill Watershed Corporation ( CWC ) has agreed to serve as program manager of a Local Technical Assistance Program ( LTAP ) and to identify projects and allocate and disburse program funds; and WHEREAS, the CWC Board of Directors passed Resolution Number 900 approving the CWC LTAP Program Rules; and WHEREAS, as a condition of the 2013 Filtration Avoidance Determination Modification, New York City Department of Environmental Protection (DEP) agreed to fund a Flood Hazard Mitigation Program consisting of funding through the Stream Management Program to undertake a Local Flood Analysis (LFA) to identify the causes of flooding and recommend possible mitigation projects, as well as funding the Flood Hazard Mitigation Implementation Program (FHMIP) at CWC to provide grants to undertake certain categories of projects ; and 16

17 WHEREAS, as a condition to the 2013 Filtration Avoidance Determination Modification, DEP agreed to fund a flood buyout program (DEP Flood Buyout Program) to acquire improved properties that were not eligible or did not participate in the federal or State flood buyout program, but if vacated and returned to a natural floodplain would help mitigate flooding in other areas, or otherwise protect water quality; and WHEREAS, on March 4, 2014, by Resolution Number 2439, the CWC Board of Directors approved the Flood Hazard Mitigation Implementation Program Agreement and between CWC and DEP and agreed to administer such program; and WHEREAS, by Resolution Numbers 2460 and 2524, the CWC Board of Directors approved FHMIP Rules, including providing eligibility for certain costs for relocations of businesses and residences, including those recommended by an LFA; and WHEREAS, by Resolution Number 2574, on October 7, 2014 the CWC Board of Directors approved changes to the FHMIP Rules to accept applications from property owners participating in the DEP Flood Buyout Program, to provide assistance in relocating within the same town outside of areas studies by an LFA; and WHEREAS, by Resolution Number 2603, the CWC Board of Directors approved changes to the Local Technical Assistance Program Rule Change to provide for the Sustainable Communities Program for planning assistance to towns or villages who have completed or are undertaking an LFA to update zoning code or maps, or update that municipality s comprehensive plan to provide for relocations of residences and businesses under the DEP Flood Buyout Program; and WHEREAS, the Local Technical Assistance Program Rules provide that the deadline for applications for the Sustainable Communities Program shall be determined by CWC Board; and WHEREAS, the CWC Stormwater/Wastewater Committee recommended that the application deadline for the Sustainable Communities Program be December 31, NOW, THEREFORE BE IT RESOLVED, that the CWC Board of Directors sets the 2018 deadline for applications to Sustainable Communities Program to be December 31, 2018, and future deadlines shall be set by the CWC Board of Directors in accordance with the Program Rules. CWC Board Approval of Shokan Project Agreement Tab 16 A motion to approve Resolution No was made by James Sofranko and was seconded by Richard Parete. RESOLUTION NO CWC BOARD APPROVAL OF SHOKAN PROJECT AGREEMENT 17

18 WHEREAS, the Catskill Watershed Corporation (CWC) is a not-for-profit corporation established in part to administer Watershed Protection and Partnership Programs identified in the New York City Memorandum of Agreement (the MOA ); and WHEREAS, the 2017 New York City Filtration Avoidance Determination (2017 FAD) prepared by the New York State Department of Health in consultation with the United States Environmental Protection Agency requires the City of New York to fund an engineering study to determine the appropriate community wastewater management system to serve the Shokan area in the Town of Olive, as well as to fund the design and construction of that system; and WHEREAS, New York City Department of Environmental Protection (DEP) has agreed to fund such Project that shall be known as Shokan Wastewater Management Project( Shokan Project or Project ) in the amount of up to Twenty-Five Million Dollars ($25,000,000) to be known as Shokan Wastewater Management Project Funds ( Shokan Wastewater Management Project Funds or Project Funds ); and WHEREAS, DEP requested CWC to manage the Shokan Project and disburse Project Funds, to be provided by DEP, in accordance with the terms and conditions of an Agreement between CWC and DEP (the Shokan Project Agreement ); and WHEREAS, the CWC Wastewater Committee recommends that the CWC Board of Directors approve the Shokan Project Agreement NOW, THEREFORE, BE IT RESOLVED, the CWC Board of Directors approves the Shokan Project Agreement in the form attached hereto as Exhibit A. NOW, THEREFORE BE IT FURTHER RESOLVED, that the President of CWC be, and hereby is, authorized to execute the Shokan Agreement in the form attached hereto as Exhibit A and all such other instruments, and to perform all such other acts, as may be necessary or desirable in order to carry into effect the Shokan Program on the terms and conditions set forth in the Shokan Agreement, and in furtherance of the purposes of the Watershed MOA and consistent with all such other agreements, contracts, policies and/or procedures to which CWC is bound. FHMIP T. of Walton Building Removal Tab 17 A motion to approve Resolution No was made by Tina Molè and was seconded by Wayne Marshfield. RESOLUTION NO CWC REVIEW OF FLOOD HAZARD MITIGATION PROGRAM APPLICATION TOWN OF WALTON CONDEMNED BUILDING REMOVAL WHEREAS, the Catskill Watershed Corporation (CWC) is a not-for-profit corporation established to administer Watershed Protection and Partnership Programs in the West of Hudson Watershed; and 18

19 WHEREAS, the CWC, City of New York (City), all municipalities in the West of Hudson Watershed, New York State, the federal Environmental Protection Agency, and several environmental organizations recognized that the goals of drinking water protection and economic vitality within the West of Hudson Watershed communities are not inconsistent and under the 1997 New York City Watershed Memorandum of Agreement ( Watershed MOA ) agreed to cooperate in the development and implementation of watershed protection programs that maintain and enhance the quality of the City s drinking water supply system and the economic and social character of the West of Hudson Watershed communities; and WHEREAS, extensive flooding resulting from Tropical Storms Irene and Lee, in August and September 2011, respectively, caused catastrophic losses in certain towns and villages within the West of Hudson Watershed which affected the economic and social character of certain West of Hudson watershed communities and adversely impacted water quality in the West of Hudson Watershed; and WHEREAS, as a condition of the 2014 Mid-Term Filtration Avoidance Determination Review, New York City Department of Environmental Protection (NYCDEP) has agreed to fund a Flood Hazard Mitigation Implementation Program to reduce repetitive flood losses that also pose a threat to water quality during storm events through funding certain recommendations of local flood analyses under the NYCDEP Stream Management Program; and WHEREAS, on March 4, 2014, by Resolution Number 2439, the CWC Board of Directors agreed to serve as program manager of such a program to be referred to as the CWC Flood Hazard Mitigation Implementation Program (the Program or FHMIP ) and approved a Program Agreement with the City; and WHEREAS, the Town of Walton on December, 2017 accepted a local flood analysis for tributaries of the West Branch of the Delaware River, and such analysis recommended removal of debris to prevent damage from future flooding; and WHEREAS, CWC FHMIP Program Rules, adopted by the CWC Board, provide that eligible projects include property protection measures identified by a local flood analysis, with a requirement that the applicant provide 25% cost share of construction costs; and WHEREAS, the Town of Walton submitted an application to CWC for funding of removal of two condemned structures in deteriorating condition that could be the source of pollution in a future flood event in an amount not to exceed Six Thousand Seven Hundred Ninety Dollars ($6,790.00); and WHEREAS, the CWC Wastewater Committee recommended that the CWC Board of Directors approve the Town of Walton FHMIP application in an amount not to exceed Five Thousand Ninety-Two Dollars and Fifty Cents ($5,092.50) 75% of $6, for removal of two structures adjacent to the East Brook. NOW, THEREFORE, LET IT BE RESOLVED, that the CWC Board of Directors has reviewed the application, staff recommendation and supporting documentation and approves funding for the removal of two condemned structures adjacent to the East Brook to the Town of Walton in an amount not to exceed Five Thousand Ninety-Two Dollars and Fifty Cents ($5,092.50). 19

20 Condemned Building Removal The Walton Tributaries Local Flood Analysis (LFA) was adopted by the Town of Walton in December, The LFA recommends removal of debris that could be the source of flood damage and pollution. The Town of Walton submitted a FHMIP application to CWC for funding of removal of two condemned structures on a single property adjacent to the East Brook for the amount of $6, One structure, an old barn that is in a state of collapse, is in the flood plain. A mobile home on the same property, also condemned by the Town, is outside of the floodplain. However, CWC staff in the field observed flood debris on one corner of the mobile home, indicating that flood waters had reached the structure in the past. The costs of removal identified by an LFA are eligible for funding as removal of communitywide source of pollution provided the applicant provide a 25% cost share. The CWC Wastewater Committee recommends the CWC Board of Directors approve the Town of Walton application for removal of two condemned structures that could be a source of pollution in a future flood event. FHMIP T. of Walton Stream Gauge Tab 18 A motion to approve Resolution No was made by James Eisel and was seconded by Dave Warne. RESOLUTION NO CWC REVIEW OF FLOOD HAZARD MITIGATION PROGRAM APPLICATION TOWN OF WALTON WEST BROOK FLOOD GAUGE WHEREAS, the Catskill Watershed Corporation (CWC) is a not-for-profit corporation established to administer Watershed Protection and Partnership Programs in the West of Hudson Watershed; and WHEREAS, the CWC, City of New York (City), all municipalities in the West of Hudson Watershed, New York State, the federal Environmental Protection Agency, and several environmental organizations recognized that the goals of drinking water protection and economic vitality within the West of Hudson Watershed communities are not inconsistent and under the 1997 New York City Watershed Memorandum of Agreement ( Watershed MOA ) agreed to cooperate in the development and implementation of watershed protection programs that maintain and enhance the quality of the City s drinking water supply system and the economic and social character of the West of Hudson Watershed communities; and WHEREAS, extensive flooding resulting from Tropical Storms Irene and Lee, in August and September 2011, respectively, caused catastrophic losses in certain towns and villages within the West of Hudson Watershed which affected the economic and social character of certain West of 20

21 Hudson watershed communities and adversely impacted water quality in the West of Hudson Watershed; and WHEREAS, as a condition of the 2014 Mid-Term Filtration Avoidance Determination Review, New York City Department of Environmental Protection (NYCDEP) has agreed to fund a Flood Hazard Mitigation Implementation Program to reduce repetitive flood losses that also pose a threat to water quality during storm events through funding certain recommendations of local flood analyses under the NYCDEP Stream Management Program; and WHEREAS, on March 4, 2014, by Resolution Number 2439, the CWC Board of Directors agreed to serve as program manager of such a program to be referred to as the CWC Flood Hazard Mitigation Implementation Program (the Program or FHMIP ) and approved a Program Agreement with the City; and WHEREAS, the Town of Walton on December, 2017 accepted a local flood analysis for tributaries of the West Branch of the Delaware River, including West Brook, and such analysis recommended a stream gauge on West Brook to provide property and life protection; and WHEREAS, CWC FHMIP Program Rules, adopted by the CWC Board, provide that eligible projects include property protection measures identified by a local flood analysis, with a requirement that the applicant provide 25% cost share of construction costs; and WHEREAS, the Town of Walton submitted an application to CWC for funding of capital costs for construction of a flood gauge on West Brook in the Town of Walton in an amount not to exceed Sixteen Thousand Dollars ($16,000.00) and the Town will separate fund operation and maintenance costs estimated to be Twelve Thousand Nine Hundred Dollars ($12,900.00) that cannot be funded by CWC; and WHEREAS, the CWC Wastewater Committee recommended that the CWC Board of Directors approve the Town of Walton FHMIP application in an amount not to exceed Sixteen Thousand Dollars ($16,000.00) for the West Brook Flood Gauge; and WHEREAS, CWC staff recommend the ineligible cost share expense be counted as the 25% cost share required the FHMIP Rules. NOW, THEREFORE, LET IT BE RESOLVED, that the CWC Board of Directors has reviewed the application, staff recommendation and supporting documentation and approves funding for the West Brook Flood Gauge to the Town of Walton in an amount not to exceed Sixteen Thousand Dollars ($16,000.00). West Brook Flood Gauge The Walton Tributaries Local Flood Analysis (LFA) was adopted by the Town of Walton in December, The LFA recommends installation of flood gauges on certain tributaries. 21