CATSKILL WATERSHED CORPORATION BOARD MEETING December 6, 2016 @ 1:00 P.M

CATSKILL WATERSHED CORPORATION BOARD MEETING December 6, 2016 @ 1:00 p.m.

AGENDA

I. Call to Order

II. Pledge of Allegiance

III. Roll Call of Directors

IV. Review and Approval of November 1, 2016 Board Minutes – Tab 1

V. Presentation of Communications Finance Report - Tab 2 Executive Director's Report - Tab 3 Committee Meeting Schedule - Tab 4 Committee Meeting Minutes - Tab 5

VI. Public Discussion

VII. Presentation of Resolutions (PCR = Pending Committee Recommendation) Septic Over $25,000 – Patricia Crosby (PCR) – Tab 6 Septic Over $25,000 – Marion Dekoeyer (PCR) – Tab 7 Septic Over $25,000 – Judith Lutkowski (PCR) – Tab 8 Septic Over $25,000 – Jennifer Meyer-Anderson (PCR) – Tab 9 Septic Over $25,000 – Dennis Radcliffe (PCR) – Tab 10 Septic Over $25,000 – Lukasz Sito (PCR) – Tab 11 Septic Over $25,000 – Richard Tazzara (PCR) – Tab 12 Septic Over $25,000 – Additional Cost – Jerome Ayalon (PCR) – Tab 13 Septic Over $25,000 – Additional Cost – Dennis Connington (PCR) – Tab 14 Septic Over $25,000 – Additional Cost – Melissa Post (PCR) – Tab 15 Septic Over $25,000 – Additional Cost – Robert Warfield (PCR) – Tab 16 Septic Over $25,000 – Additional Cost – William Wolfinger (PCR) – Tab 17 Rescission of Resolution #2919 Septic Construction – Ernest Hanselman – Tab 18 Septic IV Contract Change Order (PCR) – Tab 19 CWC Handicap Ramp – Additional Stormwater Costs (PCR) – Tab 20 Future Stormwater – CWC Handicapped Ramp Stormwater Controls Reimbursement (PCR) – Tab 21 Future Stormwater – Delhi Community Church – Design & Construction Costs (PCR) – Tab 22 Future Stormwater – Darlene Colandrea – O&M Costs (PCR) – Tab 23 Stormwater Retrofit – Delaware County Highway Vacuum Truck (PCR) – Tab 24 Stormwater Retrofit – Windham Theater – Design & Construction (PCR) – Tab 25 FHMIP – Town of Shandaken Relocation Property Purchase (PCR) – Tab 26 Executive Session

VIII. Announcements from the Chair

IX. Board Member Discussion

X. Adjournment TAB 1 CATSKILL WATERSHED CORPORATION Board of Directors Meeting MINUTES November 1, 2016 @ 1:00 p.m.

I. Call to Order

II. Pledge of Allegiance: Led by Michael Triolo.

III. Roll Call of Directors

Members Present: Donald Brandow, Martin Donnelly, James Eisel, Thomas Hynes, Innes Kasanof, Berndt Leifeld, Wayne Marshfield, Mark McCarthy, Tina Molé, Richard Parete, Robert Pelham, Michael Triolo and David Warne (New York City DEP).

Members Excused: Thomas Snow (New York State DEC)

Staff Members Present: Timothy Cox, Diane Galusha, Leo LaBuda, James Martin, John Mathiesen, Jason Merwin, Barbara Puglisi, Alan L. Rosa, and Frieda Suess.

Others Present: Bruce Dolph, Chair (Coalition of Watershed Towns), Michael Meyer (New York City DEP), Charlie Piper, Chair (Delaware County Veterans Service Agency), Thomas Stalter (New York City DEP), and John Schwartz (New York City DEP).

IV. Review and Approval of October 4, 2016 Board Meeting Minutes

A motion to approve the minutes from the October 4, 2016 board meeting was made by Berndt Leifeld and seconded by Richard Parete.

Voice Vote, carried unanimously

~~~~~~~~~ V. Presentation of Communication

Finance Report

A motion to approve the financial reports as of August 31, 2016 was made by James Eisel and seconded by Mark McCarthy.

Voice Vote, carried unanimously

~~~~~~~~~ Executive Director’s Report

The Executive Director’s Report was presented as outlined in the board packet.

Committee Schedule

Committee Meeting Minutes

VI. Public Discussion Diane Galusha announced that CWC will be sponsoring a DOS training Friday, November 4 at the American Legion Hall in Margaretville, providing required training hours for Municipal Planning and Zoning Board members. She also announced that CWC will host a media event Nov. 3 at 3 p.m. for Senator James Seward to announce that the $500,000 Catskill Master Plan Stewardship & Planning project, funded by the State legislature in 2015, is being rolled out. CWC will administer this program to develop a comprehensive recreational use plan for public lands in the region, and to implement several access projects. The RFP for the plan will be distributed Friday following the media event.

VII. Presentation of Resolutions ~~~~~~~~~

A motion to waive Rule 14 was made by Wayne Marshfield and was seconded by Martin Donnelly.

Voice Vote, carried unanimously

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Handout Resolution – Future Stormwater – 3115 Route 28, LLC – Additional Funds

A motion to approve Resolution No. 2953 was made by Richard Parete and seconded by Thomas Hynes.

November 1, 2016 RESOLUTION NO. 2953

BOARD REVIEW OF FUTURE STORMWATER PROGRAM APPLICATION FOR H.D. LANE VOLUNTEER FIRE COMPANY INC. 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, 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, by Resolution Number 2947, the CWC Board of Directors previously approved a reimbursement application by H.D. Lane Volunteer Fire Company Inc. for funding of eligible 2

design costs in the not-to-exceed amount of Five Thousand Nine Hundred Twenty-Seven Dollars and Sixty-Seven Cents ($5,927.67) for the design of an eligible project; and

WHEREAS, the H.D. Lane Volunteer Fire Company Inc. has requested additional funding in the amount of Seven Thousand Seven Hundred Fifty Dollars ($7,750.00) for construction of new stormwater controls related to an addition that was built on to the fire hall, for total reimbursement of Thirteen Thousand Six Hundred Seventy-Seven Dollars and Sixty-Seven Cents ($13,677.67) for the design and implementation of an approved SWPPP; 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, CWC staff recommended reimbursement of eligible stormwater costs for a total not-to-exceed amount of Five Thousand Nine Hundred Twenty-Seven Dollars and Sixty-Seven Cents ($5,927.67); and

WHEREAS, the CWC Wastewater/Stormwater Committee recommended 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 reimbursement in a total not-to-exceed amount of Thirteen Thousand Six Hundred Seventy-Seven Dollars and Sixty-Seven Cents ($13,677.67).

CWC Future Stormwater Controls Program – H.D. Lane Volunteer Fire Company Inc.

H.D. Lane Volunteer Fire Company Inc. built an addition on the existing fire hall in Lanesville, Greene County. The disturbance is less than 1 acre and within 100 feet of a watercourse. Only NYCDEP stormwater requirements come into play. Per the CWC Future Stormwater Program Rules a retainage will be held until Construction Acceptance is received from NYCDEP. For not-for-profit organizations, CWC pays for 100% of eligible stormwater costs.

CWC Stormwater/Wastewater Committee recommends funding approval on the following costs:

Total Eligible Construction Costs $7,750.00

Voice Vote, carried unanimously

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Septic Reimbursement Over $25,000 – Henry Birman – Tab 6

A motion to approve Resolution No. 2954 was made by Wayne Marshfield and seconded by Tina Molé.

November 1, 2016 RESOLUTION NO. 2954

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: HENRY BIRMAN 3

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 Four Hundred Dollars ($28,400.00); 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 Four Hundred Dollars ($28,400.00) 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 Four Hundred Dollars ($28,400.00) as it is in substantial agreement with our schedule of values.

Henry Birman Backup Mr. Birman’s property is located in the Town of Halcott, Greene County. Homeowner and CWC staff received a quote from a contractor in the amount of $28,400.00. This system is for a four bedroom house. The major components for this system include a 1,250 gallon septic tank, one pump station, 175 lineal feet of 4” gravity piping, 30 lineal feet of forcemain, one effluent filter, 4 peat modules, 130 lineal feet of swale, 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 $28,400.00.

Voice Vote, carried unanimously

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Septic Reimbursement Over $25,000 – Donald MacNevin – Tab 7

A motion to approve Resolution No. 2955 was made by Wayne Marshfield and seconded by Tina Molé.

November 1, 2016 RESOLUTION NO. 2955 4

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: DONALD MACNEVIN

WHEREAS, CWC staff has reviewed a construction quote submitted by a contractor for the septic system repair in the amount of Twenty-Nine Thousand Nine Hundred Fifty Dollars ($29,950.00); 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-Nine Thousand Nine Hundred Fifty Dollars ($29,950.00) 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-Nine Thousand Nine Hundred Fifty Dollars ($29,950.00) as it is in substantial agreement with our schedule of values.

Donald MacNevin Backup Mr. MacNevin’s property is located in the Town of Ashland, Greene County. Homeowner and CWC staff received a quote from a contractor in the amount of $29,950.00. This system is for a four bedroom house. The major components for this system include a 1,250 gallon septic tank, one pump station, one pump station, 15 lineal feet of 4” gravity piping, 25 lineal feet of forcemain, 13 cubic yards of absorption fill material, 30 yards of random fill, one effluent filter, 225 lineal feet of absorption trench, 3 peat modules, concrete retaining wall, and extensive site restoration. The quote is within 10% of CWC Schedule of Values. The Septic Committee recommends that the Board of Directors approve reimbursement in an amount not to exceed $29,950.00.

Voice Vote, carried unanimously

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LATP Sustainable Communities – T. of Lexington Hamlet Revitalization Project – Tab 8 5

A motion to approve Resolution No. 2956 was made by Mark McCarthy and seconded by Tina Molé.

November 1, 2016

RESOLUTION NO. 2956 APPROVAL OF TOWN OF LEXINGTON APPLICATION LOCAL TECHNICAL ASSISTANCE PROGRAM– SUSTAINABLE COMMUNITIES

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

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, by Resolution Number 2439, on March 4, 2014 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 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, by Resolution 2849, the CWC Board set an application deadline for the Sustainable Communities Program for September 30, 2016; and

WHEREAS, pursuant to the CWC Program Rules as adopted by the CWC Board of Directors, the CWC staff and NYCDEP staff must evaluate grant requests and issue funding recommendations to the CWC Wastewater Committee, which shall issue recommendations to the CWC Board of Directors; and

WHEREAS, CWC and NYCDEP staff have jointly reviewed and recommend for funding the application of the Town of Lexington and as detailed in the application packet received at CWC by September 30, 2016 and have presented this recommendation to the CWC Wastewater Committee; and

WHEREAS, the CWC Wastewater Committee has reviewed and recommended funding the proposal of the Town of Lexington as described in Attachment A.

WHEREAS, pursuant to the CWC Program Rules, the CWC Board of Directors has reviewed the attached recommendation and supporting documentation.

NOW, THEREFORE, LET IT BE RESOLVED, the CWC Board of Directors approves funding to the Town of Lexington of Twenty Thousand Dollard ($20,000.00) as per Attachment and authorizes the President and/or Executive Director to execute contract with the Town of Lexington.

ATTACHMENT A

TOWN OF LEXINGTON SUSTAINABLE COMMUNITIES APPLICATION

The Town of Lexington requested $20,000.00 for the Lexington Hamlet Revitalization Project.

The Town of Lexington completed a local flood analysis (LFA) for the hamlet of Lexington in June, 2016. The Lexington Hamlet Revitalization Project would propose a plan to provide proposals to relocate structures identified in the LFA out of the floodplain and recreate Lexington’s Main Street. The completed project will provide concept plan and illustrations, and recommended revisions to the Town’s zoning law and comprehensive plan, as appropriate. The identified consultant will also engage the public in this process and complete it by October, 2017. Although not required, the Town of Lexington will provide a local match of $3,500.00 through staff assistance of Greene County Soil and Water Conservation District staff.

CWC and DEP staff recommend funding in the not to exceed amount of $20,000.00.

Voice Vote, carried unanimously

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Catskill Watershed Corporation Operating/Program Budget for Fiscal Year 2017 – Tab 9

A motion to approve Resolution No. 2957 was made by James Eisel and seconded by Mark McCarthy.

November 1, 2016 RESOLUTION NO. 2957

ADOPTION OF CATSKILL WATERSHED CORPORATION OPERATING/PROGRAM BUDGET FOR FISCAL YEAR 2017

WHEREAS, the Finance Committee has prepared a budget for Catskill Watershed Corporation (CWC) for the period commencing January 1, 2017 through December 31, 2017; and

WHEREAS, the Finance Committee recommends for adoption the proposed budget to the full Board of Directors; and

WHEREAS, the total budgeted appropriations have been allocated to the various programs, such as Operating, Septic Program IV, etc., by category as indicated below; and

WHEREAS, the appropriations to the following budget categories may be transferred between the categories as indicated below without prior Board approval:

Program Expenses, Occupancy Expenses, Advertising & Printing, Office Supplies, Communications, Grants & Reimbursements, Travel, Conferences & Seminars, Insurance, Repairs & Maintenance, Subscriptions & Publications, Professional Fees, Administration Allocation, Depreciation, Dues, Licenses, & Memberships, Miscellaneous Expense, Contingency, Loan/Fixed Assets.

NOW, THEREFORE BE IT RESOLVED that the CWC Board of Directors approves the 2017 fiscal year budget of Twenty-five Million Six Hundred Four Thousand Twenty-Two ($25,604,022.00) presented.

NOW THEREFORE LET IT BE FURTHER RESOLVED, that the CWC Board of Directors authorized the Executive Director, in accordance with all other CWC policies and procedures, to incur expenses up to the amount set forth in the attached budget.

NOW THEREFORE LET IT BE FURTHER RESOLVED, that CWC Board of Directors authorizes the Executive Director to reallocate funds between specific budgets and categories but may not exceed the total approved budget amount without prior Board approval.

Voice Vote, carried unanimously

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Catskill Watershed Corporation Tax Consulting Budget for Fiscal Year 2017 – Tab 10

A motion to approve Resolution No. 2958 was made by Richard Parete and seconded by Tina Molé.

November 1, 2016 RESOLUTION NO. 2958

ADOPTION OF CATSKILL WATERSHED CORPORATION TAX CONSULTING BUDGET 8

FOR FISCAL 2017

WHEREAS, the Finance Committee of the Catskill Watershed Corporation (CWC) has prepared a projected budget for CWC’s Tax Consulting program expenditures from January 1, 2017 through December 31, 2017; and

WHEREAS, the Finance Committee recommends for adoption the projected Tax Consulting program budget of One Hundred Eighty-Two Thousand Five Hundred Fifty-Two Dollars ($182,552.00) to the full Board of Directors.

NOW, THEREFORE BE IT RESOLVED that the CWC Board of Directors approves the 2017 projected Tax Consulting program budget as presented.

NOW, THEREFORE BE IT FURTHER RESOLVED, that the CWC Board of Directors authorized the Executive Director, in accordance with all other CWC policies and procedures, to incur expenses up to the projected program budget amounts.

Voice Vote, carried unanimously – WOH Members Only

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2016 Catskill Watershed Corporation External Audit Firm – Tab 11

A motion to approve Resolution No. 2959 was made by Mark McCarthy and seconded by Wayne Marshfield.

November 1, 2016 RESOLUTION NO. 2959

CATSKILL WATERSHED CORPORATION EXTERNAL AUDIT FIRM

WHEREAS, the Catskill Watershed Corporation (CWC) is required by contracts to submit financial statements audited by an independent certified public accountant for the preceding fiscal year to the New York City Department of Environmental Protection within ninety (90) days of the end of the CWC fiscal year; and

WHEREAS, the CWC Policies and Procedures requires that the CWC Board of Directors must approve an expense greater than Ten Thousand Dollars ($10,000); and

WHEREAS, the Finance Department has received an engagement letter from Sickler, Torchia, Allen & Churchill, CPAs, P.C. for [external & investment] audit & tax services for the year ending December 31, 2016 totaling Nineteen Thousand Three Hundred Seventy-Five Dollars ($19,375.00); and

WHEREAS, the Finance Committee recommends the CWC Board to approve a contract not to exceed Nineteen Thousand Three Hundred Seventy-Five Dollars ($19,375.00), for external/investment audit & tax services for the year ending December 31, 2016.

NOW, THEREFORE BE IT RESOLVED, the CWC Board of Directors approves the Executive Director to contract with Sickler, Torchia, Allen & Churchill, CPAs, P.C. for external/investment audit & tax services not to exceed Nineteen Thousand Three Hundred Seventy-Five Dollars ($19,375.00).

Voice Vote, carried unanimously

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2017 Executive Director Compensation – Tab 12

A motion to approve Resolution No. 2960 was made by James Eisel and seconded by Tina Molé.

November 1, 2016 RESOLUTION NO. 2960

EXECUTIVE DIRECTOR COMPENSATION

WHEREAS, pursuant to the Catskill Watershed Corporation (CWC) Personnel Policies and Procedures, Article 3, the CWC Board of Directors is responsible for hiring the Executive Director; and

WHEREAS, the CWC Policy Committee recommends that the CWC Board of Directors be the salary of the current Executive Director be increased by Three Percent (3%) to One Hundred Seven Thousand Four Hundred Sixty-Five Dollars ($107,465.00) annually and further recommends that said salary take effect beginning on January 1, 2017.

NOW THEREFORE BE IT RESOLVED, that the CWC Board of Directors directs the CWC Executive Director and CWC Finance Director to set the salary of the current CWC Executive Director at One Hundred Seven Thousand Four Hundred Sixty-Five Dollars ($107,465.00) per annum to be paid in bi-weekly increments pursuant to CWC Personnel Policies and Procedures and that said salary is to take effect beginning on January 1, 2017.

Voice Vote, carried unanimously

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CWC New Headquarters Building Consultant – Tab 13

A motion to approve Resolution No. 2961 was made by Tina Molé and seconded by Robert Pelham.

November 1, 2016 RESOLUTION NO. 2961 CWC NEW HEADQUARTERS BUILDING CONSULTANT

WHEREAS, the Catskill Watershed Corporation (CWC) is a not for profit local development corporation located in Margaretville in the Town of Middletown, Delaware County; and

WHEREAS, CWC’s Certificate of Incorporation requires that CWC’s office be located in the Town of Middletown, the geographic center of the West of Hudson Watershed; and

WHEREAS, CWC is reviewing the possibility of constructing a new headquarters building in the Town of Middletown to be shared with regulatory staff from New York City Department of Environmental Protection (NYCDEP), the Water Discovery Center, and possible additional tenants; and

WHEREAS, CWC issued a request for proposal for architectural, engineering and space planning services with the scope of work to include interviewing CWC, NYCDEP, and the Water Discovery Center regarding their individual space needs, designing a building to meet those needs, and also completion of a stormwater pollution prevention plan for the design; and

WHEREAS, responses to the request for proposal were due on August 29, 2016 at 4:00 pm; and

WHEREAS, CWC Board President, CWC staff, and attorneys from Whiteman, Osterman, and Hanna interviewed several firms that submitted timely responses; and

WHEREAS, CWC Board President, CWC staff, and attorneys from Whiteman, Osterman, and Hanna recommend that CWC retain Keystone Associates in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) for architectural, engineering and space planning services for the proposed new CWC headquarters; and

WHEREAS, the CWC Policy Committee recommends CWC retain Keystone Associates in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) for architectural, engineering and space planning services for the proposed new CWC headquarters; and

WHEREAS, the CWC Finance Officer requests authority to transfer funds from Catskill Fund for the Future to Operating as needed to provide payment for Keystone Associates.

NOW THEREFORE BE IT RESOLVED, that CWC Board authorize the President and/or Executive Director to execute an agreement with Keystone Associates in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) for architectural, engineering and space planning services for the proposed new CWC headquarters and further authorizes transfer of funds from Catskill Fund for the Future to Operating as needed to provide payment for Keystone Associates.

Voice Vote, carried unanimously

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2017 CWC Closing Counsel – Tab 14

A motion to approve Resolution No. 2962 was made by Martin Donnelly and seconded by James Eisel.

November 1, 2016 RESOLUTION NO. 2962 CWC CLOSING COUNSEL

WHEREAS, the Catskill Watershed Corporation (CWC), pursuant to the 1997 New York City Watershed Memorandum of Agreement, administers the Catskill Fund for the Future (CFF) to provide funding for qualified economic development projects within West of Hudson Watershed towns; and

WHEREAS, since 1997, the Environmental Facilities Corporation (EFC) has provided representation of CWC in the closing of CFF loans, including drafting and ensuring proper execution of all necessary documents; and

WHEREAS, EFC services under the CFF Program Agreement between CWC, EFC and NYCDEP terminated on April 12, 2012; and

WHEREAS, after issuance of a Request for Proposal and review of responses, by Resolution Number 1795, CWC Board of Directors approved the retention of Hodgson Russ LLP to provide representation of CWC for closings of CFF Loans for the remainder of the year 2012; and

WHEREAS, by Resolution Numbers 2225, 2415, 2623, and 2785 CWC Board of Directors approved the retention of Hodgson Russ LLP to provide representation of CWC for closings of CFF Loans for the years 2013, 2014, 2015, and 2016 consecutively; and

WHEREAS, the CWC Economic Development Committee recommend the CWC Board of Directors authorize the President and/or Executive Director to execute an agreement with Hodgson Russ, LLC in an amount not to exceed Seventy Thousand Dollars ($70,000.00) at the rates specified in Schedule A attached hereto, unchanged from 2013, to provide representation of CWC for closings of CFF loans.

NOW THEREFORE BE IT RESOLVED, that the CWC Board of Directors authorize the President and/or Executive Director to execute an agreement with Hodgson Russ LLP in an amount not to exceed Seventy Thousand Dollars ($70,000.00) at the rates provided in Schedule A attached hereto, to provide representation of CWC for closings of CFF loans.

Voice Vote, carried unanimously

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2017 SBDC Counselor Funding – Tab 15

A motion to approve Resolution No. 2963 was made by Richard Parete and seconded by Berndt Leifeld. November 1, 2016 RESOLUTION NO. 2963

AUTHORIZATION FOR CWC TO PROVIDE PARTIAL FUNDING FOR A FULL- TIME SMALL BUSINESS DEVELOPMENT CENTER COUNSELOR

WHEREAS, the Catskill Watershed Corporation (“CWC”) is a not for profit corporation whose purpose as described in its Certificate of Incorporation is, in part, the public purpose of “relieving and reducing adult unemployment, promoting and providing for additional and

maximum adult employment, bettering and maintaining adult job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs”; and

WHEREAS, the 1997 Watershed Memorandum of Agreement (“MOA”) recognized that “the goals of drinking water protection and economic vitality within the watershed communities are not inconsistent”; and

WHEREAS, a need for business plan development, management consultation, business training seminars, workshops; conferences and targeted research in support of small business concerns is an identified need within the West of Hudson Watershed (“WOH”); and

WHEREAS, the Small Business Development Center (SBDC) is a network of host institutions which contributes to stability and economic growth by providing management consultation; business training seminars; workshops; conferences and targeted research in support of small business concerns; and

WHEREAS, pursuant to Resolution Number 278, on July 27, 1999 the CWC Board of Directors approved the authorization for CWC to act as an Outreach Center of the Mid- Hudson Regional SBDC Program; and

WHEREAS, pursuant to Resolution Number 468, on November 27, 2001 the CWC Board of Directors, approved matching funding for a full time counselor in the amount of Thirty-Two Thousand Dollars ($32,000.00); and

WHEREAS, pursuant to Resolution Number 592, on May 27, 2003, Resolution Number 753, on September 28, 2004 the CWC Board of Directors, approved matching funding for a full time counselor in the amount of Thirty-Five Thousand Dollars ($35,000.00); and

WHEREAS, thereafter on an annual basis and pursuant to Resolution Numbers 903, 1064, 1214, 1284, 1487, 1697, 1890, 2026, 2226, 2452, 2625 and 2817, the CWC Board of Directors approved matching funding for a full time counselor in the amount of Forty Thousand Dollars ($40,000.00); and

WHEREAS, the Economic Development Committee recommends that CWC enter into a one year contract with Ulster County Community College to provide Forty Thousand Dollars ($40,000.00) in matching funds for 2017 provided that the SBDC counselor is a full-time counselor whose territory includes the WOH.

NOW, THEREFORE BE IT RESOLVED, the CWC Board authorizes the President and/or the Executive Director to execute a contract for Forty Thousand Dollars ($40,000.00) with Ulster County Community College to partially fund the personnel costs of a full-time counselor whose territory includes the WOH.

NOW, THEREFORE BE IT FURTHER RESOLVED, approval of this resolution by the Board constitutes a preliminary decision under the MOA. The decision will become final without any further action by the Board unless an objection is timely filed with the Watershed Protection and Partnership Council.

Voice Vote, carried unanimously

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CWC Holdings II, LLC Lease and MOU with Utica Center for Development for the Delaware Inn – Tab 16

A motion to approve Resolution No. 2964 was made by James Eisel and seconded by Robert Pelham.

November 1, 2016 RESOLUTION NO. 2964

AUTHORIZATION FOR CWC HOLDINGS II, LLC TO EXECUTE A LEASE AND MEMORANDUM OF UNDERSTANDING WITH UTICA CENTER FOR DEVELOPMENT FOR THE DELAWARE INN

WHEREAS, pursuant to the New York City Watershed Memorandum of Agreement (MOA) and a Program Contract with New York City Department of Environmental Protection, the Catskill Watershed Corporation (CWC) shall administer the Catskill Fund for the Future (CFF); and

WHEREAS, the CWC has adopted program rules consistent with the Watershed MOA and the CFF Program Contract to administer this program; and

WHEREAS, pursuant to the MOA, the CFF shall be used to make loans and grants to Qualified Economic Development Projects (QEDP’s); and

WHEREAS, pursuant to the Watershed MOA, QEDP is defined as economic development studies, grants and loans for projects which encourage environmentally sound development and which encourage the goals of watershed protection and job growth in the West of Hudson Watershed communities; and

WHEREAS, by Resolution Number 1023, the CWC Board of Directors approved the establishment of the Business District and Historic Structure Rehabilitation Fund to rehabilitate salvageable commercial and mixed use structures in the business districts, main streets and gateways of the West of Hudson villages and hamlets; and

WHEREAS, the purpose of the Business District and Historic Structure Rehabilitation Fund is the rehabilitation of salvageable commercial and mixed use structures in the business districts, main streets and gateways of the West of Hudson villages and hamlets that are currently unused or in the state of general disrepair and which if rehabilitated would improve the business climate and quality of life of the West of Hudson community in which located; and

WHEREAS, on June 26, 2007, by Resolution Number 1178, the CWC Board of Directors approved the purchase of the Delaware Inn in the Village of Stamford in the amount of One Hundred Thirty Five Thousand Dollars ($135,000.00) by a newly formed, wholly owned subsidiary, CWC Holdings II, LLC; and

WHEREAS, CWC staff managed the four year renovation of the Delaware Inn and listed it for sale on or about July, 2011 with an asking price of One Million Eight Hundred Thousand Dollars ($1,800,000.00); and

WHEREAS, no offers for purchase of the Delaware Inn have been reviewed by the CWC Board; and

WHEREAS, the Utica Center for Development proposed a Memorandum of Understanding between it and CWC to lease the Delaware Inn for a period of two years with no rent as proposed in Attachment A to provide in part an office for services to military veterans in Delaware County, while applying for grant funding to purchase the Delaware Inn for One Million Eight Hundred Thousand Dollars ($1,800,000.00) within that two year period; and

WHEREAS, the CWC Economic Development Committee recommends the CWC Board authorize the Executive Director to enter into a Memorandum of Understanding and execute a lease with Utica Center for Development for the lease of the Delaware Inn for a period of two years under terms described in the attached proposed Memorandum of Understanding.

NOW, THEREFORE BE IT RESOLVED, that the CWC Board of Directors authorizes the CWC Executive Director as manager of CWC Holdings II, LLC to execute a lease with an option to purchase at a purchase price of One Million Eight Hundred Thousand Dollars ($1,800,000.00) and Memorandum of Understanding with the Utica Center for Development to lease the Delaware Inn for a period of two years at terms described in the attached proposed Memorandum of Understanding.

The Delaware Inn

Memorandum of Understanding

Between

The Utica Center for Development

and

The Catskill Watershed Corporation

This Memorandum of Understanding (MOU) sets for the terms and understanding between the Utica Center for Development and the Catskill Watershed Corporation to occupy The Delaware Inn Property. Background The Utica Center for Development is interested in expanding much needed services to Delaware County residents, with a target population of Veteran’s and their families. In order to efficiently and effectively provide services to the homeless or at risk of homeless population, or those in need of basic human needs, the Utica Center for Development is in need of a facility with a central location in Delaware County. The Delaware Inn is an ideal location to provide these human services. Purpose This MOU will describe roles and responsibilities of each partner, and identify a timeline in which goals will be achieved. The Following is an estimated timeline and objectives the Utica Center for Development would like to meet: 01/02/17- The Utica Center for Development will occupy The Delaware Inn facility, and be responsible for maintenance and monthly utility payments for the facility:

Including but not limited to; lawn care, snow removal, cleanliness of the facility, all monthly utility payments, and maintenance expenses under $1,000. 01/02/17- Address any finish work required for VA office, in order to provide services to veterans at the Delaware Inn ASAP. 01/02/17- Start application for HHAP Grant for funding to purchase the Delaware Inn at the purchase price of $1,800,000 01/02/19- Secure Funding for the Delaware Inn and purchase facility The above goals will be accomplished by undertaking the following activities: Upon Catskill Watershed Corporation board approval of this Memorandum of Understanding, the Utica Center for Development will actively search to secure funding for sustainability. The Utica Center for Development will ask to partner with local BOCES culinary programs and Delhi culinary programs to provide catering to events held at the Delaware Inn (all proceeds going to providing services to Homeless and at risk of being homeless veterans and their families and all Delaware County community members in need of basic human services). The Utica Center for Development will also apply for community grants and work with the Delaware County Economic Development, the United Way, and other community foundations committed to providing resources to non-profits that are providing much needed services to the community. The Utica Center for Development will actively seek funding from the federal and state government to finish the rooms in the facility to house homeless veterans and their families, and those in need of emergency housing in Delaware County. Reporting The Utica Center for Development’s Executive Director will provide reports to the Catskill Watershed Corporation with clients served from the facility, and overall success of the agreement. Funding This MOU is not a commitment of funds, but rather an understanding that the Utica Center for Development will actively seek funding over a 2-year period for the purchase price of the facility, while providing much needed services to community veteran’s and their families and overall population in Delaware County. Duration This MOU is at-will and may be modified by mutual consent of authorized officials from the Utica Center for Development, and the Catskill Watershed Corporation. This MOU shall become effective upon signature by the authorized officials from the Utica Center for Development and the Catskill Watershed Corporation and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from The Utica Center for Development and the Catskill Watershed Corporation this MOU shall end on 01/02/2019, with the option of extending.

Contact Information Partner name: The Utica Center for Development Partner representative: Vincent Scalise Position: Executive Director/Founder Address: 726 Washington Street, Utica, NY 13502 Telephone: (315) 939-4523 Fax: (315) 316-0058 E-mail: [email protected]

Partner name: Partner representative Position 16

Address Telephone Fax E-mail

______Date: (Partner signature) (Partner name, organization, position)

Voice Vote, carried unanimously

~~~~~~~~~

A motion to enter into Executive Session with Alan L. Rosa, Timothy Cox, Barbara Puglisi, Jason Merwin, and Phil Sireci to discuss CFF delinquent loans and new loan applicant financials was made by Mark McCarthy and seconded by Thomas Hynes.

Voice Vote, carried unanimously

A motion to resume the regular meeting was made by Berndt Leifeld and seconded by Robert Pelham.

Voice Vote, carried unanimously

~~~~~~~~~

CFF REDI Loan – M-Ark Project, Inc. – Tab 17

A motion to approve Resolution No. 2965 was made by Berndt Leifeld and seconded by Thomas Hynes.

November 1, 2016 RESOLUTION NO. 2965

APPROVAL OF CFF LOAN TO M-ARK PROJECT, INC.

WHEREAS, the Catskill Watershed Corporation (CWC) is a not for profit local development corporation whose purpose is, in part, “aiding that part of the Watershed of the City of New York located West of the Hudson River (the ‘West of Hudson Watershed’) by attracting new commerce and industry to such area and by encouraging the development of, or retention of, commerce and industry in such area, and lessening the burdens of government and acting in the public interest and all other lawful functions all in a manner which seeks to protect water quality in the West of Hudson Watershed”; and

WHEREAS, CWC established the REDI-Fund Loan Program for the purpose of providing low- interest loans to qualified economic development projects in the West-of-Hudson Watershed to 17

be administered by the CWC in accordance with the Catskill Fund for the Future (CFF) Program Rules; and

WHEREAS, the MARK Project Inc. submitted a grant application to New York Consolidated Funding for NY Main Street Program and was awarded Three Hundred Thousand Dollars ($300,000.00) from the New York State Homes and Community Renewal (HCR); and

WHEREAS, the MARK Project Inc. submitted a grant application to New York Consolidated Funding for Long –Term Recovery/Fleischmanns Main Street Strategy and was awarded Forty- Nine Thousand Five Hundred Eighty-Eight Dollars ($49,588.00) from the New York State Department of State (DOS); and

WHEREAS, the New York Consolidated Funding grants would be reimbursement grants and the MARK Project Inc. does not have sufficient resources to outlay funds that would be later reimbursed under the grant; and

WHEREAS, MARK Project Inc. requests, that CWC Board consider providing funds for services and expenses within the scope of the grant in an amount not to exceed Three Hundred Forty-Nine Thousand Five Hundred Eighty-Eight Dollars ($349,588.00) that would be later reimbursed by the MARK Project Inc. once grant funds are received; and

WHEREAS, the CWC Economic Development Committee recommends that the CWC Board of Directors approve a loan to MARK Project Inc. at a rate of zero percent (0.0%), to be paid upon receipt of reimbursement from the State of New York and that the outstanding principal is fully paid on the fifth (5th) anniversary date of the closing, for costs eligible for reimbursement under a grants with New York State.

NOW THEREFORE BE IT RESOLVED, that the CWC Board of Directors approve a loan to MARK Project Inc. at a rate of zero percent (0.0%), in the amount of Three Hundred Forty-Nine Thousand Five Hundred Eighty-Eight Dollars ($349,588.00), to be paid upon receipt of reimbursement from the State of New York and that the outstanding principal is fully paid on the fifth (5th) anniversary date of the closing, for costs eligible for reimbursement under a grant with New York State for support of services and expenses eligible for reimbursement under a grant with New York State.

NOW, THEREFORE BE IT FURTHER RESOLVED, that the CWC staff is authorized and directed to issue a commitment letter informing the borrower of its intention to issue the loan subject to compliance with all applicable provisions of the New York City Watershed regulations as well as other applicable laws, rules and regulations, completion of the necessary documents, and the right of objection and staff is directed to develop the loan agreement, promissory notes and other documentation necessary to effectuate this loan in a form agreed upon.

NOW, THEREFORE BE IT FURTHER RESOLVED, that upon said approval of loan documentation CWC is authorized to close on said loan and to disburse proceeds thereof in accordance with the loan documents.

NOW, THEREFORE BE IT FURTHER RESOLVED, that approval of an application by the Board constitutes a preliminary decision under the MOA. The decision will become final without any further action by the Board unless an objection is timely filed with the Watershed Protection and Partnership Council. 18

QEDP Evaluation and CWC Staff Recommendation Purpose: To review the CWC Loan Application of MARK Project Inc.

The Executive Director of the CWC makes the following evaluation concerning a REDI Fund Loan to MARK Project Inc. located in the Town of Middletown, NY. Evaluation is based on the Evaluation Criteria established in the Catskill Fund for the Future Program Rules, approved on August 22, 2001 by the CWC Board of Directors.

1. Based on due inquiry to the NYSDEC, the NYCDEP and to the best of CWC's knowledge, the properties listed below are presently in compliance with all applicable environmental statutes and regulations. 2. Based on due inquiry to the NYSDEC, the NYCDEP and to the best of CWC's knowledge, the properties listed below, are not subject to any enforcement actions by any regulatory agency. 3. (a) To the best of CWC's knowledge, the project is consistent with historic land use patterns, available infrastructure and sensitivity to the need for water quality protection. (i) MARK Project Inc. will utilize the funds for services and expenses associated with the grant contracts. (ii) The projects are located in the Towns of Middletown and Shandaken. (iii) The project will utilize a municipal sewage system. (iv) The project appears to present no threat to water quality. (v) The project appears to generate no materials with the potential to degrade water quality that are not pretreated prior to release. (vi) Based on NYCDEP the project is not in the 60 day travel time. (vii) There is no impact on Federal or State wetlands. (b) The project maintains the character of the Towns of Middletown and Shandaken. (i) The project is consistent with current zoning. (ii) The project is compatible with surrounding land uses. (iii) The project will not generate excessive traffic. (iv) The project as described is of such magnitude that it does not appear likely to promote secondary growth and therefore requires not additional review of land use plans or infrastructure. 4. The project is consistent with the West of Hudson Economic Development Study, which has been completed. 5. Not applicable.

MARK Project Regional Main Street Participating Properties Arkville Post Office Building: 43400 State Highway 28, Arkville, NY 12406 Union Grove Distillery: 43311 State Highway 28, Arkville, NY 12406 Arkville Bread & Breakfast: 43623 State Highway 28, Arkville, NY 12406 Bussy Building: 743 Main Street, Margaretville, NY 12455 Commons Building: 785 Main Street, Margaretville, NY 12455 Home Goods Building: 784 Main Street, Margaretville, NY 12455 Margaretville Liquor Store: 774 Main Street, Margaretville, NY 12455 Apothecary Building: 274 Main Street, Pine Hill, NY 12465 Former Methodist Episcopal Church (current Yoga Studio): 279 Main Street, Pine Hill, NY 12465

Former Café Building: 295-301 Main Street, Pine Hill, NY 12465 Colonial Inn: 307 Main Street, Pine Hill, NY 12465

Voice Vote, carried unanimously

~~~~~~~~~

CFF REDI Loan – Osterhoudt Corp. d/b/a Ellenville Sand & Gravel – Tab 18

A motion to approve Resolution No. 2966 was made by Wayne Marshfield and seconded by Richard Parete.

November 1, 2016 RESOLUTION NO. 2966 APPROVAL OF OSTERHOUDT CORP. d/b/a ELLENVILLE SAND AND GRAVEL BUSINESS LOAN

WHEREAS, the Catskill Watershed Corporation (CWC) established the REDI Fund Loan Program for the purpose of providing low interest loans to qualified economic development projects in the West of Hudson Watershed to be administered by the CWC in accordance with the Catskill Fund for the Future (CFF) Program Rules; and

WHEREAS, Osterhoudt Corp. d/b/a Ellenville Sand and Gravel has applied for a Eight Hundred Sixty Thousand Dollar ($860,000.00) loan for a term of fifteen (15) years, with an amortization of twenty (20) years, at a rate of four percent (4.0%), adjustable every five years to the CWC rate in effect at that time, such that the outstanding principal is fully paid on the one hundred and eightieth (180th) payment date, for eligible refinance of debt and for purchasing equipment, and

WHEREAS, pursuant to the CFF Program rules the CWC Staff has reviewed a completed CWC Loan application for Osterhoudt Corp. d/b/a Ellenville Sand and Gravel; and

WHEREAS, pursuant to the CFF Program rules the CWC Loan Committee has reviewed an underwriting report for Osterhoudt Corp. d/b/a Ellenville Sand and Gravel; and

WHEREAS, the CWC Loan Committee has recommended approval of the CWC Loan application from Osterhoudt Corp. d/b/a Ellenville Sand and Gravel, contingent on Howard and Karen Osterhoudt obtaining collateral assignments of life insurance, each in the full amount of the loan; and

WHEREAS, the CWC staff has reviewed and processed this application, and submitted a loan application report to the Board of Directors, attached hereto; and

WHEREAS, the Executive Director, pursuant to the CFF Program rules, has evaluated and determined that this loan meets the criteria for a qualified economic development project, said recommendation is attached hereto and made a part hereof; and

WHEREAS, pursuant to the CFF Program Contract a condition of CFF loans (and grants) is that the recipient shall comply with all applicable provisions of the New York City Watershed regulations, as well as other applicable laws, rules and regulations; and 20

WHEREAS, prior to closing on this loan, all applicable approvals will have been received by the applicant; and

WHEREAS, pursuant to the CFF Program rules only the CWC Board of Directors may make an award from the CFF to an applicant.

NOW, THEREFORE BE IT RESOLVED, the CWC Board determines Osterhoudt Corp. d/b/a Ellenville Sand and Gravel’s application meets the CWC CFF qualified economic development criteria and approves of the loan application in the amount Eight Hundred Sixty Thousand Dollars ($860,000.00) for a term of fifteen (15) years, with an amortization of twenty (20) years, at a rate of four percent (4.0%), adjustable every five years to the CWC rate in effect at that time, such that the outstanding principal is fully paid on the one hundred and eightieth (180th) payment date.

NOW, THEREFORE BE IT FURTHER RESOLVED, the CWC staff is authorized and directed to issue a commitment letter informing the borrower of its intention to issue the loan subject to compliance with all applicable provisions of the New York City Watershed regulations as well as other applicable laws, rules and regulations, completion of the necessary documents, the right of objection and staff is directed to develop the loan agreement, promissory notes and other documentation necessary to effectuate this loan in a form agreed upon by CWC.

NOW, THEREFORE BE IT FURTHER RESOLVED, that upon said approval of loan documentation CWC is authorized to close on said loan and CWC is authorized to disburse proceeds thereof in accordance with the loan documents.

NOW, THEREFORE BE IT FURTHER RESOLVED, approval of an application by the Board constitutes a preliminary decision under the MOA. The decision will become final without any further action by the Board unless an objection is timely filed with the Watershed Protection and Partnership Council.

QEDP Evaluation and CWC Staff Recommendation Purpose: To review the CWC Loan Application of Osterhoudt Corp. d/b/a Ellenville Sand and Gravel

The Executive Director of the CWC makes the following evaluation concerning a REDI Fund Loan to Osterhoudt Corp. d/b/a Ellenville Sand and Gravel located in the Town of Warwarsing, NY. Evaluation is based on the Evaluation Criteria established in the Catskill Fund for the Future Program Rules, approved on August 22, 2001 by the CWC Board of Directors.

1. Based on due inquiry to the NYSDEC, the NYCDEP and to the best of CWC's knowledge, the properties at 11 Spring Street, Ellenville, NY, owned by Osterhoudt Corp. d/b/a Ellenville Sand and Gravel, is presently in compliance with all applicable environmental statutes and regulations. 2. Based on due inquiry to the NYSDEC, the NYCDEP and to the best of CWC's knowledge, the properties at 11 Spring Street, Ellenville, NY, owned by Osterhoudt Corp. d/b/a Ellenville Sand and Gravel, is not subject to any enforcement actions by any regulatory agency. 3. (a) To the best of CWC's knowledge, the project is consistent with historic land use patterns, available infrastructure and sensitivity to the need for water quality protection. 21

(i) Osterhoudt Corp. d/b/a Ellenville Sand and Gravel located 11 Spring Street, Ellenville, NY is a permitted natural resources mining and distribution company. (ii) The project is located in the Town of Warwarsing. (iii) The project will utilize the Village WWTP. (iv) The project appears to present no threat to water quality. (v) The project appears to generate no materials with the potential to degrade water quality that are not pretreated prior to release. (vi) Based on NYCDEP the project is not in the 60 day travel time. (vii) There is no impact on Federal or State wetlands. (b) The project maintains the character of the Town of Warwarsing. (i) The project is consistent with current zoning. (ii) The project is compatible with surrounding land uses. (iii) The project will not generate excessive traffic. (iv) The project as described is of such magnitude that it does not appear likely to promote secondary growth and therefore requires not additional review of land use plans or infrastructure. 4. The project is consistent with the West of Hudson Economic Development Study, which has been completed. 5. Not applicable.

Voice Vote, carried - 11 aye, Martin Donnelly and Mark McCarthy nay, 1 absent, 1 vacant

~~~~~~~~~

VIII. Announcements from the Chair: Michael Triolo encouraged those present to exercise their right to vote on Tuesday, November 8th.

IX. Board Member Discussion:

A motion to adjourn was made by Donald ‘Mike’ Brandow and seconded by Thomas Hynes.

Voice Vote, carried unanimously

X. Adjournment: @ 1:50 p.m.

TAB 2 Catskill Watershed Corporation Finance Director Report November 1, 2016

Financial Statements

On November 1, 2016, the September Financial Statements were presented to the Finance Committee. The October Financial Statements and the supplemental schedules will be presented at the next Finance Committee Meeting [December 6, 2016].

Investments

Enclosed you will find a summary of the CWC investments. As of September 30, 2016, the total [municipal/agency bonds] carrying value is $38,395,406. The interest yields are from .45% to 1.8% and the maturity dates vary up to 3 years. For the real short term investments, CWC has purchased Money Markets and/or Certificates of Deposits at authorized banks totaling $9,251,105 with interest rates ranging up to .10%.

TAB 3 Executive Director’s Report July 5, 2016

An updated schedule for this month’s committee meetings is attached.

Community Wastewater Management Program Lexington - Lamont Engineers has received Functional Completion as of 7/7/16. Dirty water startup was be done on September 21, 2016. All laterals and tanks have been installed as of 8/23/2016. All paving and restoration work is now done. Lamont was on site 9/16/2016 to complete a final punch list schedule. The Control Panel roofs and fences are completed. Only minor punch list work remains.

South Kortright - Main Project-Contract 1- Functional Completion acceptance was issued by NYCDEP on 6/8/2016. Lateral work began by the contractor the next day. All major work has been completed on this project. There is some minor punch list type of work yet to be done. Koester Associates has finished work on the ARC pump station. Contract #2-Majority of all work is complete, minor punch list items only remain. NYC-DEP final inspection was completed 1/13/16. This portion of the project is 100% complete. Contract #3-Contractor is on the most part complete with all of his work. Minor punch list items only remain. NYC-DEP final inspection was completed 1/13/16. This portion of the project is 100% complete.

Shandaken - Lamont Engineers is incorporating Septic Maintenance District/cluster system alternatives and cost estimates into the draft Preliminary Engineers Report. Draft Study Phase report has been completed and submitted to NYC-DEP and CWC on 12/31/15. There was a meeting with the NYC-DEP, Lamont Engineers and CWC Staff on 3/10/16 to discuss the draft engineers report. CWC cannot present the project to the Town until NYCDEP approves the project and block grant amount. There was a meeting with Paul Rush of the DEP, Lamont and CWC on September 27, 2016 to go over alternatives for multiple leach fields for the Cluster System and a Septic Maintenance District for the larger lots. All comments have been put together and the Draft Preliminary Engineers Report is to be completed 11/15/16 and sent to CWC for review prior to sending to the NYCDEP.

West Conesville -Lamont Engineers is incorporating Septic Maintenance District/cluster system alternatives and cost estimates into the draft Preliminary Engineers Report. Draft Study Phase report has been completed and submitted to NYC-DEP and CWC on 12/29/15. There was a meeting with the NYC- DEP, Lamont Engineers, and CWC staff on 3/10/16 to discuss the draft engineers report. CWC cannot present the project to the Town until NYCDEP approves the project and block grant amount. Lamont has put together 3 possible alternatives with preliminary cost estimates. Option 1 - Community Subsurface Treatment System with SDGS-$6,669,000 with O&M yearly costs of $52,000. Option 2 - Pump to Prattsville with LDGS-$10,033,500 with O&M yearly costs of $97,000. Option 3 - Pump to Prattsville WWTP with a STEP System-$9,733,500 with O&M yearly costs of $62,000. There was a meeting with Paul Rush of the DEP, Lamont and CWC on September 27, 2016. The above mentioned possibilities were discussed as well as using the city owned property in West Conesville to put in a Community Wastewater Facility. The Amendment to the Preliminary Engineers Report was received at CWC on 11/04/16 for review and then forwarded onto the NYCDEP for their review.

Claryville - The Town of Neversink passed a resolution to enter the Study Phase on May 13 and the Town of Denning passed a resolution to enter the Study Phase on July 7. Letters and surveys were mailed to residents on 2/18/16. Site testing was done on 6/3/2016 at the Town hall and Highway department properties. Lamont submitted the Draft Preliminary Engineers Report to CWC for review on 10/28/16. Review of the document has been done and forwarded onto the DEP for their review.

Halcottsville & New Kingston – Study Phase. Site testing was done on the Mann property in Halcottsville and the Moriarty and Faulkner properties in New Kingston on June 10, 2016. The Faulkner property did not have a good test. Kevin Young is looking into what can be done on the Moriarty property for a Community Wastewater System since there is a WAC easement in place. The Draft Preliminary Engineer’s Report for New Kingston is expected to be delivered to CWC at the end of November 2016. The Draft Preliminary Engineer’s Report for Halcottsville is expected in the Spring of 2017.

Trout Creek - Coldwell Banker has the property listed for $160,000. There has been a problem with some settlement around the manholes and inspection ports on certain properties. Lamont did a site visit of all properties in Trout Creek to identify all that need to have repairs done. CWC has agreed to take care of the problem one last time since there are funds available in the existing Block Grant to pay for this type of work. Lamont has received 3 quotes for the work that needs to be done. Ben Reynolds Construction was the low bidder on a Time and Material basis. Work may be done this winter weather permitting, otherwise the work will be completed in the Spring of 2017. TV inspections of all the sewer lines were done on 10/3/16 and 10/4/16.

Flood Mitigation Program CWC staff continue to attend local flood commission/committee meetings. There is one resolution approving funding for property acquisition for Town of Shandaken to relocate their town hall and highway garage. Call John Mathiesen if you have any questions

Stormwater There are three Future Stormwater resolutions this month and two Stormwater Retrofit resolutions this month. A summary chart for the 2016 Retrofit funding round is attached. Call John Mathiesen or Kim if you have any questions.

Septic Pending Committee recommendations, there are seven resolutions for reimbursement of costs for repair or replacement of residential septic systems, five resolutions for approval of additional costs, and also a rescission of a prior reimbursement resolution. Staff report is attached. Call Leo if you have any questions.

Policy There are no policy resolutions this month. Call Tim if you have any questions.

Finance There is one resolution this month for final parking lot stormwater costs. Call Jim if you have any questions.

Education and Outreach 55 people attended the DOS training for planning and zoning board members sponsored by the CWC November 4th. We are seeking vendors to respond to RFPs to redevelop our websites (www.cwconline.org and www.watersheducators.org), and to create a series of short videos focusing on people and businesses who have participated in our programs. These projects will coincide with our 20th anniversary in 2017. Applications for Round 20 Watershed Education grants are now available at www.watersheducators.org. Deadline for submission is Feb. 1, 2017.

Economic Development There are no CFF resolutions this month. Call Barbara if you have any questions.

Thank you. Alan

BOARD & COMMITTEE SCHEDULE December 6, 2016

COMMITTEE CHAIRPERSON DATE TIME NOTE

STORMWATER/ Tuesday Thomas Hynes 9:00 AM WASTEWATER 12/6/16

IMMEDIATELY Tuesday FOLLOWING SEPTIC Wayne Marshfield 12/6/16 STORMWATER/ WASTEWATER IMMEDIATELY Tuesday POLICY James Eisel FOLLOWING 12/6/16 SEPTIC IMMEDIATELY FINANCE/FISCAL Tuesday James Eisel FOLLOWING AUDIT 12/6/16 POLICY

Tuesday GOVERNANCE Tina Molé CANCELLED CANCELLED 12/6/16

Tuesday LAND Berndt Leifeld CANCELLED CANCELLED 12/6/16

Tuesday ECO. DEVL. Martin Donnelly CANCELLED CANCELLED 12/6/16

PUBLIC Tina Molé 12/6/16 CANCELLED CANCELLED EDUCATION

LUNCH 1/3/17 12:00 PM

BOARD Michael Triolo 12/6/16 1:00 PM

SPORTING Steven Roff TBD 6:00 PM ADVISORY Stormwater Retrofit Program 2015 Application Summary Funding Recommendations

Construction Projects Estimated Project Amount Recommended Applicant Project Description/Location Total Project score Engineer / Designer Additional Project Factors # Requested Funding Limit Amount Delaware County Would replace existing vacuum truck purchased through the Department of Public Retrofit Program 1 Works Vacuum Truck w/attachments $ 500,000.00 7 $ 470,000.00 $ 260,000.00 Delaware County Hwy

This project is to address direct runoff from mutiple paved 2 Windham Theatre Parking Lots $ 155,312.56 10 $ 155,312.56 $ 18,214.40 Delaware Engineering, DPC parking lots to the Bataviakill Total: $ 655,312.56 $ 625,312.56 $ 278,214.40

Proposed Total 2016 Retrofit Grants: $ 278,214.40 Septic Program Update From Inception through October 2016 Priority 1A, Priority 1B, Priority Round 3, 4, 5,6,7,8,9 Status Month Total Year Total Program from Inception *Managed 0 1 51 Being Inspected 25 260 4,118 No Failure Identified 10 65 727 Failure Identified Total 14 188 3,323 Designed Total 14 206 3,154 Total Repair / Replaced 27 174 2,998 Status Open 381 Signed into Program 18 255 4,466 Not Interested* 0 -3 428 Ineligible 0 0 78 Total Participants = 18 252 4,972

>7/1/99 through >12/27/13 Reimb and Coord Status Month Total Year Total Program from Inception *Managed 0 0 8 Failure Identified Total 0 2 1,893 Designed Total 0 2 1,892 Total Repair / Replaced 0 3 1,891 Eligible for Reimbursement 1 Signed into Program 0 2 1,901 Ineligible** 0 0 42 Total Participants = 0 2 1,943

Hardship Program Status Month Total Year Total Program from Inception Failure Identified Total 0 0 94 Designed Total 0 0 93 Total Repair / Replaced 0 -1 92 Status Open 0 Signed into Program 0 0 95 Total Participants = 0 0 95

Small Business Program Status Month Total Year Total Program from Inception Failure Identified Total 0 1 20 Designed Total 0 1 17 Total Repair / Replaced 0 1 17 Status Open 0 Signed into Program 0 2 23 Total Participants = 0 2 23

Total of All Septic Programs Status Month Total Year Total Program from Inception Total Repair / Replaced / Managed 27 178 5,057 Total Participants = 37 256 7,012 Total Site Visits 53

Septic Maintenance Status Month Total Year Total Program from Inception Total Reimbursed 36 211 1,662 Managed= Waiting for public sewer construction Total Participants = Signed into Program + Not Interested + Ineligible

TAB 4

BOARD & COMMITTEE SCHEDULE January 3, 2017

COMMITTEE CHAIRPERSON DATE TIME NOTE

STORMWATER/ Tuesday Thomas Hynes 9:00 AM WASTEWATER 1/3/17

IMMEDIATELY Tuesday FOLLOWING SEPTIC Wayne Marshfield 1/3/17 STORMWATER/ WASTEWATER IMMEDIATELY Tuesday POLICY James Eisel FOLLOWING 1/3/17 SEPTIC IMMEDIATELY FINANCE/FISCAL Tuesday James Eisel FOLLOWING AUDIT 1/3/17 POLICY IMMEDIATELY Tuesday GOVERNANCE Tina Molé FOLLOWING 1/3/17 FINANCE IMMEDIATELY Tuesday LAND Berndt Leifeld FOLLOWING 1/3/17 GOVERNANCE IMMEDIATELY Tuesday ECO. DEVL. Martin Donnelly FOLLOWING 1/3/17 LAND IMMEDIATELY PUBLIC Tina Molé 1/3/17 FOLLOWING EDUCATION ECO. DEVL.

LUNCH 1/3/17 12:00 PM

BOARD Michael Triolo 2/7/17 1:00 PM

SPORTING Steven Roff TBD 6:00 PM ADVISORY TAB 5 Minutes CATSKILL WATERSHED CORPORATION Wastewater/Stormwater Committee Tuesday, October 4, 2016, 9:00 AM

Attendees: Tom Hynes (Director/Chair), Wayne Marshfield (Director), James Eisel (Director), Mike Triolo (Director), Mark McCarthy (Director), Richard Parete (Director), Thomas Snow (DEC), and Michael Meyer (DEP).

Others: Kimberlie Ackerley (CWC), John Mathiesen (CWC), Timothy Cox (CWC), Diane Galusha (CWC), Berndt Leifeld (Director), James Martin (CWC), James Martin Jr., Bruce Dolph, Thomas Stalter (DEP), Innes Kasanof (Director), Phil Eskeli (DEP), Molly Oliver, Marty Donnelly (Director), Tina Mole (Director), Alicia Terry, Aaron Bennett, and Barbara Puglisi.

The meeting was called to order by Tom Hynes at 9:00 AM

I. Review minutes from September 6, 2016 meeting Minutes unanimously approved upon motion.

II. Wastewater / Stormwater

1. Community Wastewater Management Program

General Project Updates:

Lexington-Lamont Engineers has received Functional Completion as of 7/7/16. All remaining work by the contractor F.P. Kane was started on 7/11/16. Main line work was completed 6/7/16. Dirty water startup was done on 9/21/16. All laterals and tanks have been installed as of 8/23/16. All paving and restoration is close to being done. As of 9/16/16 only 3 driveways needed to be paved and some other minor restoration work needed to be completed. Lamont was on site 9/16/16 to complete a final punch list schedule. The Control Panel roofs are being scheduled to be completed at the end of September. As of 9/29/16 this has not been done yet.

South Kortright-Main Project-Contract 1- Functional completion acceptance was issued by the NYCDEP on 6/8/16. Lateral work began by the contractor the next day. All major work has been completed on this project. There are some minor punch list type of work items to be done yet. The Control Panel roofs have been completed. Contract 2- Majority of all work is complete, only minor punch list items only remain. NYCDEP final inspection was completed 1/13/16. This portion of the project is 100% complete. Contract 3- Contractor is on the most part has completed all of his work. Minor punch list items only remain. NYCDEP final inspection was completed 1/13/16. This portion of the project is 100% complete.

Shandaken-Lamont Engineers is incorporating Septic Maintenance District/Cluster system alternatives and cost estimates into the draft preliminary engineers report. Draft Study Phase report has been completed and submitted to NYCDEP and CWC staff on 12/31/15. There was a meeting with the NYCDEP, CWC and Lamont Engineers staff on 3/10/16 to discuss the draft engineers report. CWC cannot present the project to the Town until NYCDEP approves the project and sets the Block Grant amount. There was a meeting with Paul Rush of the DEP, CWC staff and Lamont Engineers on September 27, 2016 which was very productive.

West Conesville-Lamont Engineers is incorporating Septic Maintenance District/Cluster System alternatives and possible Community Wastewater system and cost estimates into the draft preliminary engineers report. Draft Study Phase report has been completed and submitted to NYCDEP and CWC staff on 12/29/2015. There was a meeting with NYCDEP, CWC and Lamont Engineers staff on 3/10/16 to discuss the draft engineers report. CWC cannot present the project to the Town until NYCDEP approves the project and sets the Block Grant amount. There was a meeting with Paul Rush of the DEP, CWC staff and Lamont Engineers on September 27, 2016 which was very productive.

Claryville-The Town of Neversink passed a resolution to enter the Study Phase on May 13 and the Town of Denning passed a resolution to enter the Study Phase on July 7, 2015. Letters and surveys were mailed to residents on 2/18/2016. Site testing was done on 6/3/2016 at the Town Hall and the Highway Department properties.

Halcottsville & New Kingston-Study Phase. Site testing was done on the Mann property in Halcottsville and the Moriarty and Faulkner properties in New Kingston on June 10, 2016. The Faulkner property did not test well and the soils were not very good.

Trout Creek-Coldwell Banker has installed a “for sale” sign at the old creamery property and is advertising the property on line for the price of $160,000.00. As of 6/28/16 there has been no showings and internet hits only. There has been a problem with some settlement around the manholes and inspection ports on certain properties. Lamont did a site visit of all properties in Trout Creek to identify all that need to have repairs done. CWC has agreed to take care of the problem one last time since there are remaining funds in the existing Block Grant to pay for this type of work. Lamont will be getting 3 quotes for the work that needs to be done. Video camera inspections of all sewer lines was done on October 3rd and 4th by Lamont Engineers.

2. Future Stormwater Program

Town of Lexington Park – Design

The Town of Lexington is building a pavilion at the new park where a house and garage was bought out by FEMA. The Engineer submitted a plan to DEP at a cost of $450.00. As this is a municipal project the funding in 100% CWC.

Requested funding: $450.00 Recommended funding: $450.00

A motion to recommend approval of the request for funding for Town of Lexington Future Stormwater Project was made and seconded.

The Wastewater Committee recommended that a resolution be sent to the Board for funding in an amount not to exceed Four Hundred Fifty Dollars ($450.00) for Town of Lexington Future Stormwater Project

H.D. Lane Volunteer Fire Company Inc. – Design

The H.D. Lane Volunteer Fire Company built an addition on the fire hall requiring and NYC DEP SWPPP. An estimate from the Engineer has provided costs for the design, construction observation costs and as built drawings. As the Fire Company is a not for profit funding is 100% CWC.

Requested funding: $5,927.67 Recommended funding: $5,927.67

A motion to recommend approval of the request for funding for H.D. Lane Volunteer Fire Company Future Stormwater Project was made and seconded.

The Wastewater Committee recommended that a resolution be sent to the Board for additional funding in an amount not to exceed Five Thousand Nine Hundred Twenty- Seven Dollars and Sixty-Seven Cents ($5,927.67) for H.D. Lane Volunteer Fire Company Future Stormwater Project

Chris Barber Additional Funds

The property owner Chris Barber located an additional bill from Maggio & Sons that is reimbursable. This charge was during the paving of the driveway requiring additional paving along the one edge of the driveway to provide the slope necessary for the runoff to reach the raingarden.

Requested additional funding $1,500.00 Recommended additional funding: $1,500.00

A motion to recommend approval of the request for additional funding for Chris Barber Future Stormwater Project was made and seconded.

The Wastewater Committee recommended that a resolution be sent to the Board for additional funding in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) for Chris Barber Future Stormwater Project

DRNC Realty, LLC

DRNC Realty, LLC was previously approved for 50% funding while it was determined if the NYC DEP was going to consider this applicant a small business of less than 100 employees or if since the umbrella company controls multiple facilities with well over 100 employees if it would be considered a large business. After review by Tim Cox, Outside Counsel and DEP legal it was determined this should be considered a large business. Therefore this request is for the additional 50%.

Requested additional 50% funding: $162,410.23 Recommended additional funding: $162,410.23

Total funding at 100%: $324,820.46

A motion to recommend approval of the request for additional 50% funding for DRNC Realty, LLC Future Stormwater Project was made and seconded.

The Wastewater Committee recommended that a resolution be sent to the Board for additional funding in an amount not to exceed One Hundred Sixty-Two Thousand Four Hundred Ten Dollars and Twenty-Three Cents ($162,410.23) for DRNC Realty, LLC Future Stormwater Project

3. Stormwater Retrofit Program

Kim Ackerley mentioned 2 applications were received for the second round of Stormwater Retrofit funding. Applications will be reviewed jointly by CWC and DEP.

4. Local Flood Hazard Mitigation

There has been meetings in Walton, Shokan, Andes, Sundown, Delhi, for their Flood Commission and LFA’s. Closing for property for GNH Lumber was done 9/20/16. Village of Margaretville had submitted an application for a Feasibility Study of lowering the floodplain at the village parking lot on Bridge Street. Application was not complete, I came up with a format for the village to complete their application including a BCA. They have since withdrawn their application since Tetra-Tech is doing the Feasibility Study under the NY Rising Program.

5. Other

LTAP Sustainable Communities Program application round expired September 30, 2016. Received 2 applications on Friday September 30, 2016 before the deadline for the LTAP program. Olive- sent in an application even though they have not yet completed their LFA. The application is for $20,000 for Redistricting of Boiceville hamlet. This application will be presented to the Committee at the November meeting. Lexington-has a completed LFA and this application can be considered. This application is for $20,000 for hamlet revitalization. This application will be presented to the Committee at the November meeting for recommendation of approval to the CWC Board of Directors.

IV. Next meeting scheduled for Tuesday, November 1, 2016, 9:00AM

IV. Meeting was adjourned at 9:50 AM

Catskill Watershed Corporation Septic Committee Meeting October 4, 2016 Minutes

Attendance:

Committee Members: Tom Hynes (Director), Berndt Leifeld (Director), Wayne Marshfield (Director), Tina Mole’ (Director), Tom Snow (NYSDEC), Michael Triolo (Director), Michael Meyer (NYCDEP)

Excused: Robert Pelham (Director)

Others: Tim Cox (CWC), Bruce Dolph (Coalition of Watershed Towns), Marty Donnelly (Director), Phil Eskeli (NYCDEP), Diane Galusha (CWC), John Jacobson (CWC), Innes Kasanof (Director), Larry Kelly (CWC), Leo LaBuda (CWC), Jim Martin (CWC), John Mathiesen (CWC), Molly Oliver (Delaware Co. Watershed Affairs), Barbara Puglisi (CWC), Tom Stalter (NYCDEP), Alicia Terry (Schoharie Co. Planning)

I. The meeting was called to order at 9:56 AM by Wayne Marshfield. II. Septic Program

A. Dennis Connington Over $25,000.00: Mr. Connington’s project is located in the Town of Kortright. His proposed septic system will serve a three bedroom house. Major components of this system include a 1,000 gallon septic tank, pump station, 25 linear feet of 4” gravity piping, 50 linear feet of force main, 55 cubic yards of random fill material, an effluent filter, three peat modules, 100 linear feet of curtain drain and site restoration. Mr. Connington’s contractor has submitted a quote for $26,500.00 to build this system. This is slightly below the staff estimated cost of construction based on the Schedule of Values. The Septic Committee recommended that a resolution be brought before the Board of Directors to approve reimbursing Dennis Connington in the amount not to exceed $26,500.00 to build his septic system.

B. Lucinda Hopps Over $25,000.00: Ms. Hopps’ project is located in the Town of Hamden. Her proposed septic system will serve a three bedroom house. Major components of this system include (a 1,000 gallon septic tank and riser previously installed at a cost of $1,110.10), pump station, 40 linear feet of 4” gravity piping, 210 linear feet of force main, one distribution box, 130 cubic yards of absorption fill material, one effluent filter, 225 linear feet of absorption trench, 110 linear feet of curtain drain, 160 linear feet of swale, a temporary access road, tree and brush removal and extensive site restoration. Ms. Hopps’ contractor has submitted a quote for $24,625.20 to build this system. This is within 10% of the staff estimated cost of construction based on the Schedule of Values. The total project cost with the tank and riser will be $25,735.30. The Septic Committee recommended that a resolution be brought before the Board of Directors to approve reimbursing Lucinda Hopps in the amount not to exceed $24,625.20 to build her septic system.

C. Raymond Kowalski Additional Costs: Mr. Kowalski’s project is located in the Town of Shandaken. His project was previously approved for $24,956.00. During construction it was discovered that the existing septic tank was leaking. The engineer directed the contractor to replace it with a new concrete tank. The engineer also directed the contractor to install 240 linear feet of curtain drain to prevent groundwater infiltration in the absorption field. Mr. Kowalski’s contractor has requested an additional $4,296.00 for this work. The costs appear to be reasonable and justified. Mr. Kowalski’[s engineer has verified the need for the work. With these items, the total construction cost for the project will be $29,252.00. The Septic Committee recommended that a resolution be brought before the Board of Directors to approve reimbursing Raymond Kowalski in the amount not to exceed $4,296.00 for additional costs to complete her septic system.

D. Michael Carroll Additional Costs: Mr. Carroll’s project is located in the Town of Kortright. His project was previously approved for $29,450.00. During construction the engineer asked the contractor to 9install 182

linear feet of curtain drain and addition site restoration to protect the new septic system from runoff. The contractor has requested $3,735.80 for the additional work. These costs are in accordance with the Schedule of Values. The Septic Committee recommended that a resolution be brought before the Board to reimburse Michael Carroll in the amount not to exceed $3,735.80 for additional costs to build his septic system.

E. Joan Finazzo Additional Costs: Ms. Finazzo’s project is located in the Town of Andes Her project was previously approved for $24,832.00. During construction it was discovered that a perimeter drain ran to the area where the new septic system would be constructed. The engineer directed the contractor to re-route the perimeter drain and a sump pump line. A H20 septic tank was also installed due to the proximity of the driveway. A H20 septic tank has more concrete and reinforcement and will withstand loads of 20,000 lbs. per axle. The contractor has requested $4,013.00 for these additions. The costs appear to be reasonable and justified. The engineer has verified the need for the additional work. The total project cost with these additions will be $28,845.00. The Committee recommended that a resolution be brought before the Board to reimburse Joan Finazzo in the amount not to exceed $4,013.00 for additional costs to build her septic system.

F. Laura Levine Over $25,000.00: Ms. Levine’s project is located in the Town of Shandaken. Her house has two bedrooms. Major components of her proposed septic system include a 1,000 gallon septic tank (previously installed, but not paid for yet), a siphon chamber, 75 linear feet of 4” gravity piping, one distribution box, 362 cubic yards of absorption material, 250 linear feet of absorption trench, tree and brush removal, a temporary access road and site restoration. Ms. Levine’s contractor has submitted a quote for $26,336.00 (not including the tank) to build this system. The total cost of the project including the tank installation will be $29,297.00. The Committee recommended that a resolution be brought before the Board to reimburse Laura Levine in the amount not to exceed $29,297.00 to build her septic system.

G. William Wolfinger Septic System: This project is an Eljen septic system and was approved for $29,368.00 last October. This cost included 280 cubic yards of absorption fill material and 10 cubic yards of C-33 sand. The contractor used screened ditch dirt for fill material. The engineer approved using it. The system failed in January prior to NYCDEP issuing construction approval. The engineer has directed the contractor to replace the ditch dirt, C33 sand and Eljen units. Eljen is providing new units at no cost. Tim gave Committee members a copy of a letter received from the contractor requesting payment for extra time and replacement of the ditch dirt with alternative fill material. The Septic Program Participation Agreement does not provide a warranty for the engineer’s or contractor’s work. CWC has not paid anything yet. The Committee unanimously recommended that no additional CWC funding be provided to redo the new absorption field.

H. Septic Cluster: A letter has been received from Richard Solomon, the resident in the Clovesville cluster area who has a septic system in need of repair. He states that he is not interested in participating in a cluster system. Tim said that the Town also has expressed concern over their responsibility to maintain a cluster system. There are no operation and maintenance (O&M) funds available if a future repair to a cluster system is necessary. The Cluster Program was meant for areas where there is no room to build onsite systems. So far no towns have been interested, due to the lack of O&M funds available. This may be a disadvantage to the program, but CWC is very limited by the contract with what can be funded in this program. Homeowners on a cluster system would be eligible for 50% reimbursements for pump outs under the Maintenance Program.

I. Septic Maintenance: Larry Kelly reviewed activity in this program with the Committee. Response has been good this year. 27 homeowners were reimbursed for pump outs last month. This brings the total for this year to 175.

J. Update: Leo reviewed activity in the Septic Program with the Committee. 20 homeowners were reimbursed for septic system repairs this month. The total for the year is 151.

K. Other: Leo passed a photograph of a eutrophic pond with a failed septic system running into it taken by Larry Kelly. Effluent from the failed system had fed an intense algae bloom. Fixing septic systems does improve water quality. It may take some time for this pond to recover.

Wayne said that the Town of Hamden always chooses CWC to inspect the septic systems in the Delancey Managed District. Unlike the Cluster Program, the Town was provided with funding for Operation and Maintenance, so there is money when repairs are needed. The Town has to be diligent about maintenance. Wayne thanked Larry for his work for the District.

Leo mentioned that he had received a letter from David Warne updating acceptance of septage from pumper/haulers at DEP owned wastewater treatment plants.

III. The next Septic Committee meeting was scheduled for November 1, 2016.

V. The meeting was adjourned at 10:58 AM.

CWC POLICY COMMITTEE MINUTES OCTOBER 4, 2016

Present: James Eisel, Robert Pelham, Michael Triolo, Alan Rosa, Michael Meyer (NYCDEP), Berndt Leifeld, Tina Mole, Thomas Snow (NYSDEC), Mark McCarthy

Excused: Michael Brandow

Others Present: Tim Cox (CWC), Jim Martin (CWC), Diane Galusha (CWC), John Mathiesen (CWC) Wayne Marshfield, Martin Donnelly, Rich Parete, Tom Hynes, Dean Frazier (Delaware County Watershed Affairs), Molly Oliver (Delaware County Watershed Affairs), Bruce Dolph (Coalition of Watershed Towns), Alicia Terry (Schoharie County Planning)

I. Call to Order at 10:59 am

II. September 6, 2016 Minutes unanimously approved upon motion of Mark McCarthy and second by Michael Triolo

III. CWC Building Update Tim Cox stated that CWC had received five responses to the RFP for design and engineering services for the new headquarters building. Two attorneys from Whiteman, Osterman, and Hanna along with Michael Triolo, Tim Cox, and John Mathiesen from CWC interviewed three firms. Michael Triolo explained that one firm had focus on creative architecture, one firm on engineering, and a third was between the two. No decision has been made. Tim explained that he hoped to come to the Committee next month with a recommendation.

Jim Eisel asked about the status of roof repair. John Mathiesen responded that in addition to bubbles on portion of the roof, the manufacturer representative noted that 3 inch wide tape was used on the seams, not 6 inch wide tape as specified by the manufacturer. John continued that the roofer will be back to replace the tape at no cost to CWC, and look to correct any remaining issues. John added that they have not been paid yet, and the roofer told him they didn’t expect to be paid until the problems were addressed.

III. Start times of CWC Board meeting Jim Eisel stated that he asked this item be included on the agenda to discuss moving the Board meeting to 12:00 pm or as soon as committee meetings are done, whichever is later. Michael Triolo responded that all directors are paid for their attendance at meetings, and part of their duties is to pay attention. Michael noted that other boards he has served on directors do not pay attention.

Tim Cox explained that the Open Meetings Law would allow the Board meeting to start at 12 pm or soon thereafter. He cautioned that if Board meetings did not regularly start until 12:30 pm or later, it could cause an issue with public wanting to attend the meetings, but being unable to stay because of the later unnoticed start time. Tim stressed that the bigger issue for CWC was staff availability for the meeting. He explained that support staff are due a half hour lunch between 11 am and 2 pm. He continued that if there are late resolutions from committees, staff need time to prepare those resolutions and still take lunch. If the Board meetings start earlier, it would be extremely difficult to ensure staff lunches, as required by law.

Martin Donnelly suggested that Committees not cancel unless CWC takes advantage of the time by providing training to the Board. He stated he spoke with Alan previously and suggested such topics as reviewing the Watershed MOA. Tom Snow suggested that bringing directors up to date on FAD discussions.

Jim Eisel suggested leaving Board meeting time as is because of staff schedules. Tim stated he’d discuss with Alan Rosa the possibility of using down time for presentations.

IV. Other Jim Martin noted that the Committee needed to recommend Alan’s salary for the 2017 budget. Upon motion of Michael Triolo and second by Tina Mole, Committee unanimously recommended that Alan’s salary be increased by three percent for calendar year 2017.

V. Next Meeting scheduled for November 8, 2016

VI. Adjourned at 11:23 am.

CWC Finance Meeting October 4, 2016 MINUTES

Committee Members: Martin Donnelly, James Eisel, Thomas Hynes, Wayne Marshfield, Mark McCarthy, Mike Meyer, Richard Parete, Thomas Snow

Other Attendees: Michael Triolo

MINUTES

I. Call to order

II. Review Minutes From Previous Meeting – Accepted as presented.

III. Review August Financial Statements – The August financial statements and the supplemental statements were presented to the Committee. Investment yields were briefly discussed.

IV. 2017 Corporate Budget – The proposed 2017 Corporate Budget was discussed and accepted. The budget will be presented at the next Board meeting.

V. Other - The CWC received an [audit] engagement letter from Sickler, Torchia Allen & Churchill, CPA’s, PC for the 2016 external audit. Members discussed the fee proposal and agreed to draft a resolution for the Board of Directors review/approval. Additional costs for the parking lot project required a resolution which was presented at the Board of Directors Meeting.

VI. Schedule Next Meeting – The next Finance Committee meeting will be held on November 1, 2016.

VII. Adjournment

CWC LAND COMMITTEE OCTOBER 4, 2016 MINUTES

Present: Martin Donnelly, Berndt Leifeld, Alan Rosa, Michael Meyer (NYCDEP), Michael Triolo, Martin Donnelly, Inness Kasanof, Mark McCarthy Tom Snow (NYSDEC)

Others Present: Tim Cox (CWC), Wayne Marshfield, Rich Parete, Tom Hynes, Dean Frazier (Delaware County Watershed Affairs), Molly Oliver (Delaware County Watershed Affairs), Bruce Dolph (Coalition of Watershed Towns), Alicia Terry (Schoharie County Planning)

I. Call to Order at 11:55 am

II. March, 2016 Minutes unanimously approved upon motion of Innes Kasanof and second by Martin Donnelly

III. 2016 Tax Assessments Tim Cox provided to Committee members a chart detailing assessments of specialty properties (reservoirs and City owned wastewater treatment plants) within the West of Hudson Watershed. Tim noted to the Committee that he didn’t see any large changes in assessments for 2016

IV. TLAP Update

Tim advised the Committee that in spite of numerous attempts, including a letter, he has not heard from the consultant who agreed to undertake a review of the City Marbletown report. Tim provided a copy of the most recent letter from him to the consultant. In spite of that letter, the Consultant still has not contacted CWC. Tim noted that both DEP and the Town of Marbletown would also like to see the report completed.

Tim advised that he could send one last letter to the Consultant requesting a conference call during the week of October 24th. Tim advised that he would update the Committee at the next meeting.

V. Other Tim Cox stated that the CWC Sporting Advisory Committee was meeting at 6pm on October 18th.

VI. Next Meeting scheduled for November 1, 2016

VII. Adjourned at 12:12 pm

Economic Development Committee (EDC) MINUTES Tuesday, October 4, 2016

Committee Members Present: Martin Donnelly, James Eisel; Tina Mole; Michael Triolo; Richard Parete; Mike Meyer, Innes Kasanof, Thomas Snow, Jr

Committee Member(s) or Staff Absent: Ursula Basch, Alan Rosa

Committee Member(s) Calling In:

Staff Present: Barbara Puglisi; Timothy Cox; Jason Merwin, Phil Sireci

Guest(s) Present:

The meeting was called to order at 12:15 9 p.m.

Minutes from the EDC meeting of August 2, 2016 were moved and passed without comment; all in favor.

NEW BUSINESS

Loan Update

Barbara presented an update of loan activity, which showed the following:

CFF Loan Activity through 8/31/2016 indicated there is $6,457,223 committed so far of the $10,000,000 budget for 2016. There is $860,000 in process.

Regarding the Hospital Health-Care Fund, staff indicated a current balance of $4,223,838 from our original balance of $5,000,000, with no loans in process.

The Municipal Sewer Flood Business Retention Program, has $154,137 committed with a balance of $95,863 left in the budget.

Barbara presented a chart showing CWC’s collateral position of defaulted and delinquent loans as of 9/19/16. She indicated the Default and Delinquent rate is currently at 9%.

Barbara presented a chart showing a breakdown of CWC Loans that have been “written-off” as of 9/27/16. The total dollar amount of the write-offs is $2,363,495.58. The chart showed that 62.45% of the total amount written off were loans located in Delaware County. Additionally, 32.44% of the write offs occurred in Ulster County and the remaining 5.11% were located in Sullivan County. There have been no write offs in Greene or Schoharie County.

Barbara presented an updated CFF County Fund Allocation chart showing where and how the CFF has been spent. The chart included how much each county has left to spend.

2017 Budget Recommendation

Barbara presented a chart showing the CFF loan budget amounts from 2007-2016. She suggested that we set the 2017 budget at $5,000,000. She said this can be adjusted later in the year if needed.

Mike made a motion, Seconded by Jim to set the 2017 CFF Loan Budget amount to $5,000,000. All in favor.

Hodgson Russ Contract

Barbara presented a proposed fee schedule from Hodgson Russ for 2017. She said that there is no change from last year the charges will remain the same with loan closing fees at $3,950 and the charge for BAN’s will be $1,200. She added that the contract amount states that the amount cannot exceed $70,000 for the year.

Tom made a motion, Seconded by Mike to approve the Hodgson Russ contract for 2017. All in favor

Robert Ganz Contract

Barbara and Tim explained that there is no new rate set yet for work Robert Ganz does for us. Tim said he will get updated figures and bring them back to the committee. Barbara added that the 2017 contract was not to exceed $75,000.

SBDC Contract

Barbara presented a breakdown of CWC support for SBDC and a letter from SBDC that included a summary of results over the past year. She explained that SBDC does great work and we try to send anyone we speak to about a loan to them for help. Barbara said that our past support has been $40,000 per year for over 10 years. She suggested to continue this amount.

Barbara also detailed some of the other work that SBDC does including MWBE certification. She explained that this is needed in the region; we want the grant dollars to go to local business owners, and currently it is difficult to fulfill the obligation put upon grant recipients to hire local MWBE.

Rich made a motion, Seconded by Jim to approve $40,000 in support for SBDC in 2017. All in favor.

Other

Delaware Inn

Barbara told the committee she had another meeting with the veterans’ organization, The Utica Center for Development, who is interested in the Inn. Charles Piper, Delaware County Veteran’s Affairs and Alessandra Miller, Utica Center for Development were at the meeting. She explained that they are interested in a two year rental agreement, beginning January 1st, with an option to buy. They believe

that two years is sufficient to apply for the grant dollars needed to complete the purchase. She added that she is waiting for their proposed MOU detailing the agreement.

Jim asked if they would be putting in a kitchen. Barbara said she expects to have more details once she receives the MOU.

Tom asked what they would be doing with the building. Barbara replied that they plan to work with local organizations, such as BOCES and SUNY Delhi to set up the building to open it as an event venue. Additionally, the Delaware County and Otsego County Veteran’s Affairs would share office space in the building to accommodate local Veterans. The Utica Center for Development will also have offices there, and Alessandra Miller plans on being there at least three days a week, they already have a veteran interested in the maintenance position for the building.

Barbara said that she didn’t need any action from the committee at this time, though, she wanted to report so that they are prepared to take action next month both at the committee and board level.

MARK Project 0% Interest Loan

Barbara presented a letter from the MARK Project requesting a 0% loan for $349,588. The loan would be to fund two projects that would be reimbursed by state grants. She explained this is the same type of request that we have approved in the past for Kirkside Park, CATS, and CCCC.

Mike asked if they have all paid back their loans. Barbara answered that only Kirkside has paid back their loan. Kirkside was a budget line item and the others were grant awards. The loan terms are five years to allow enough time for these groups to complete their projects and receive funds back from the state. She also said that CATS applied for only half of the granted amount and using it as working capital as they go through the process.

Mike said that this is a good thing but we have to be aware that we are incurring costs when doing these 0% loans. We should think about this going forward to ensure we are keeping the fund whole.

Innes asked if this is what we did for MTC. Barbara replied that MTC does pay interest since they are a for profit organization. This loan would have no interest.

Mike Meyer asked if the Main Street project was in the flood plain. Tom agreed this was a good question.

Barbara said she did not know the scope of work, only that there was a request under this heading.

Innes inquired about a recent newspaper article about the Village of Fleischmanns not renewing a contract with MARK for grant writing. Barbara answered that they did not renew the contract going forward but these grants had already been approved.

Marty asked if maybe we should start setting a fee for these loans. Mike said it is something we may need to look at going forward but it is too late to set one for this.

There was some discussion about whether the grants were going to the municipalities or to MARK and the desire to make sure the loan was given to whoever the contract was with.

Barbara said she did have the contracts in her office and they are with MARK.

Innes and Mike said we need to think about some administration costs going forward. Mike said that it may be something we think about with loans above a certain dollar amount. Barbara told the committee that this was set up as a way to get grant money into the communities even when these organizations didn’t have the funds to pay up front.

Mike made a motion, Seconded by Innes to approve the loan request. All in favor except for Mike Meyer who abstained due to uncertainty about funds being used in the floodplain.

There being no other business the meeting was adjourned at 12:45

TAB 6 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: PATRICIA CROSBY

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-Nine Thousand Three Hundred Seventy-Eight Dollars and Eighty Cents ($29,378.80); 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-Nine Thousand Three Hundred Seventy-Eight Dollars and Eighty Cents ($29,378.80) 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-Nine Thousand Three Hundred Seventy- Eight Dollars and Eighty Cents ($29,378.80) 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 Three Hundred Seventy-Eight Dollars and Eighty Cents ($29,378.80). Patricia Crosby Backup Ms. Crosby’s property is located in the Town of Tompkins, Delaware County. Homeowner and CWC staff received a quote from a contractor in the amount of $29,378.80. This system is for a three bedroom house. The major components for this system include a 1,000 gallon septic tank, one pump station, 25 lineal feet of 4” gravity piping, 325 lineal feet of forcemain, one distribution box, 240 cubic yards of absorption fill material, 10 cubic yards of C-33 sand, one effluent filter, 288 square feet of Eljen in- drains, 115 lineal feet of curtain drain, and site restoration. The quote is within 10% of the CWC Schedule of Values. The Septic Committee recommends that the Board of Directors approve reimbursement in an amount not to exceed $29,378.80. TAB 7 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: MARION DEKOEYER

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 Nine Hundred Eighty- Six Dollars ($28,986.00); 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 Nine Hundred Eighty-Six Dollars ($28,986.00) 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 Nine Hundred Eighty-Six Dollars ($28,986.00) 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 Nine Hundred Eighty-Six Dollars ($28,986.00). Marion Dekoeyer Backup Ms. Dekoeyer’s property is located in the Town of Hamden, Delaware County. Homeowner and CWC staff received a quote from a contractor in the amount of $28,986.00. This system is for a three bedroom house. The major components for this system include a 1,000 gallon septic tank, 100 lineal feet of 4” gravity piping, 10 lineal feet of forcemain, 156 cubic yards of absorption fill material, 3 peat modules, 50 lineal feet of curtain drain, tree removal, and site restoration. The quote is within 10% of the CWC Schedule of Values. The Septic Committee recommends that the Board of Directors approve reimbursement in an amount not to exceed $28,986.00. TAB 8 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: JUDITH LUTKOWSKI

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-Nine Thousand Nine Hundred Dollars ($29,900.00); 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-Nine Thousand Nine Hundred Dollars ($29,900.00) 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-Nine Thousand Nine Hundred Dollars ($29,900.00) 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 Nine Hundred Dollars ($29,900.00). Judith Lutkowski Backup Ms. Lutkowski’s property is located in the Town of Walton, Delaware County. Homeowner and CWC staff received a quote from a contractor in the amount of $29,900.00. This system is for a three bedroom house. The major components for this system include a 1,000 gallon septic tank, 350 lineal feet of 4” gravity piping, one siphon chamber, 330 cubic yards of absorption fill material, one distribution box, one effluent filter, 225 lineal feet of absorption trench, 105 lineal feet of curtain drain, 83 lineal feet of solid drain piping, 4 cleanouts, 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 $29,900.00. TAB 9 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: JENNIFER MEYER-ANDERSON

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 One Hundred Sixty- Seven Dollars and Sixty Cents ($28,167.60); 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 One Hundred Sixty-Seven Dollars and Sixty Cents ($28,167.60) 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 One Hundred Sixty-Seven Dollars and Sixty Cents ($28,167.60) 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 One Hundred Sixty-Seven Dollars and Sixty Cents ($28,167.60). Jennifer Meyer-Anderson Backup Ms. Meyer-Anderson’s property is located in the Town of Andes, Delaware County. Homeowner and CWC staff received a quote from a contractor in the amount of $28,167.60. This system is for a five bedroom house. The major components for this system include a 1,500 gallon septic tank, 55 lineal feet of 4” gravity piping, 30 lineal feet of forcemain, 60 cubic yards of random fill material, 5 peat modules, 11 cubic yards of C-33 sand, temporary access, and total 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 $28,167.60. TAB 10 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: DENNIS RADCLIFFE

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 Thirty Thousand Dollars ($30,000.00), the homeowner shall supply detailed quotes from three unrelated contractors, and CWC staff shall forward the design with recommendation to the CWC Board for approval; and

WHEREAS, CWC staff has reviewed three construction quotes, including the lowest quote for the septic system repair in the amount of Twenty-Nine Thousand Nine Hundred Ninety-Eight Dollars ($29,998.00); and

WHEREAS, the contractor’s quote for this system is more than Twenty-Five Thousand Dollars ($25,000.00); and

WHEREAS, the CWC staff have determined the contractor’s quote of Twenty-Nine Thousand Nine Hundred Ninety-Eight Dollars ($29,998.00) 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-Nine Thousand Nine Hundred Ninety-Eight Dollars ($29,998.00) 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 Nine Hundred Ninety-Eight Dollars ($29,998.00). Dennis Radcliffe Backup Mr. Radcliffe’s property is located in the Town of Hunter, Greene County. Homeowner and CWC staff received three quotes from unrelated contractors for $35,700.00, $32,500.00, and $29,998.00. This system is for a three bedroom house. The major components for this system include a 1,000 gallon septic tank, one pump station, 40 lineal feet of 4” gravity piping, 160 lineal feet of forcemain, one effluent filter, one distribution box, 450 cubic yards of absorption fill material, 300 lineal feet of absorption trench, temporary access road, and complete site restoration. The lowest 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 $29,998.00. TAB 11 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: LUKASZ SITO

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-Nine Thousand Nine Hundred Fifty Dollars ($29,950.00); and

WHEREAS, the contractor’s quote for this system is more than Twenty-Five Thousand Dollars ($25,000); and

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 Nine Hundred Fifty Dollars ($29,950.00). Lukasz Sito Backup Mr. Sito’s property is located in the Town of Jewett, Greene County. Homeowner and CWC staff received a quote from a contractor in the amount of $29,950.00. This system is for a four bedroom house. The major components for this system include a 1,250 gallon septic tank, duel siphon, 190 lineal feet of 4” gravity piping, two distribution boxes, 222 cubic yards of absorption fill material, 400 lineal feet of absorption trench, and extensive site restoration. The quote is within 10% of CWC Schedule of Values. The Septic Committee recommends that the Board of Directors approve reimbursement in an amount not to exceed $29,950.00. TAB 12 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000: RICHARD TAZZARA

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-Nine Thousand Nine Hundred Ninety- Five Dollars ($29,995.00); 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-Nine Thousand Nine Hundred Ninety-Five Dollars ($29,995.00) 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-Nine Thousand Nine Hundred Ninety-Five Dollars ($29,995.00) 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 Nine Hundred Ninety-Five Dollars ($29,995.00). Richard Tazzara Backup Ms. Tazzara’s property is located in the Town of Roxbury, Delaware County. Homeowner and CWC staff received a quote from a contractor in the amount of $29,995.00. This system is for a three bedroom house. The major components for this system include a 1,000 gallon septic tank, one pump station, 15 lineal feet of 4” gravity piping, 375 lineal feet of forcemain, 2 distribution boxes, 385 cubic yards of absorption fill material, one effluent filter, 225 lineal feet of absorption trench, tree removal, 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 $29,995.00. TAB 13 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF ADDITIONAL FUNDS FOR SEPTIC CONSTRUCTION OVER $25,000: JEROME AYALON

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 November 3, 2015, by Resolution Number 2757, the CWC Board approved reimbursement to Jerome Ayalon in an amount not to exceed Thirty-Four Thousand Eight Hundred Twenty-Five Dollars ($34,825.00); 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 Two Thousand Four Hundred Forty Dollars ($2,440.00); 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 Two Thousand Four Hundred Forty Dollars ($2,440.00); and

WHEREAS, CWC staff have determined that Thirty-Seven Thousand Two Hundred Sixty-Five Dollars ($37,265.00) 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 Thirty-Seven Thousand Two Hundred Sixty-Five Dollars ($37,265.00) 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 Thirty-Seven Thousand Two Hundred Sixty-Five Dollars ($37,265.00). Jerome Ayalon Backup Mr. Ayalon’s property is located in the Town of Andes, Delaware County. CWC Board of Directors previously approved reimbursement for this project at $34,825.00. During construction the design engineer requested additional drainage to protect the absorption field. A reasonable and just cost for the additional work according to the CWC Schedule of Values is $2,440.00. The Septic Committee recommends that the Board approves an additional reimbursement of $2,440.00, for total reimbursement not to exceed $37,265.00.

TAB 14 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF ADDITIONAL FUNDS FOR SEPTIC CONSTRUCTION OVER $25,000: DENNIS CONNINGTON

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 October 4, 2016, by Resolution Number 2941, the CWC Board approved reimbursement to Dennis Connington in an amount not to exceed Twenty-Six Thousand Five Hundred Dollars ($26,500.00); 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 Two Thousand Nine Hundred Dollars ($2,900.00); 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 Two Thousand Nine Hundred Dollars ($2,900.00); and

WHEREAS, CWC staff have determined that Twenty-Nine Thousand Four Hundred Dollars ($29,400.00) 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 Four Hundred Dollars ($29,400.00) 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 Four Hundred Dollars ($29,400.00). Dennis Connington Backup Mr. Connington’s property is located in the Town of Kortright, Delaware County. CWC Board of Directors previously approved reimbursement for this project at $26,500.00. During installation of the septic tank and the pump station rock was encountered, making it necessary to use a rock hammer. The project engineer has corroborated the need for the additional work. A reasonable and just cost for the additional work according to the CWC Schedule of Values is $2,900.00. The Septic Committee recommends that the Board approves an additional reimbursement of $2,900.00, for total reimbursement not to exceed $29,400.00.

TAB 15 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF SEPTIC CONSTRUCTION ESTIMATE OVER $25,000 – ADDITIONAL COSTS: MELISSA POST

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 previously approved Septic Program reimbursement for Melissa Post in the amount of Twenty-Four Thousand Five Hundred Dollars ($24,500.00); and

WHEREAS, CWC staff has reviewed an additional construction invoice of costs incurred submitted by the contractor for the septic system repair in the amount of Seven Thousand Six Hundred Twenty Dollars ($7,620.00); and

WHEREAS, the total contractor’s invoices for this system is more than Twenty-Five Thousand Dollars ($25,000.00); and

WHEREAS, the CWC staff have determined the contractor’s total invoices of Thirty- Two Thousand One Hundred Twenty Dollars ($32,120.00) 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 total reimbursement of Thirty-Two Thousand One Hundred Twenty Dollars ($32,120.00) 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 Thirty-Two Thousand One Hundred Twenty Dollars ($32,120.00). Melissa Post Backup Ms. Post’s property is located in the Town of Prattsville, Greene County. CWC staff previously approved reimbursement for replacement of the septic system at $24,500.00. During construction there were several unforeseen conditions, resulting in extensive rock hammering and addition of 100 lineal feet of curtain drain, 30 cubic yards of additional random fill material to the lower taper and 16 cubic yards of absorption fill material. The project engineer has corroborated the need for the additional work. A reasonable and just cost for the additional work according to CWC Schedule of Values is $7,620.00. The Septic Committee recommends that the Board approves an additional reimbursement of $7,620.00, for total reimbursement not to exceed $32,120.00. TAB 16 December 6, 2016 RESOLUTION NO.

BOARD APPROVAL OF ADDITIONAL FUNDS FOR SEPTIC CONSTRUCTION OVER $25,000: ROBERT WARFIELD

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 June 3, 2015, by Resolution Number 2499, the CWC Board approved reimbursement to Robert Warfield in an amount not to exceed Twenty-Nine Thousand One Hundred Thirty Dollars ($29,130.00); and

WHEREAS, on September 1, 2015, by Resolution Number 2732, the CWC Board approved additional reimbursement to Robert Warfield in the amount of One Thousand Forty-Three Dollars ($1,043.00), for a total not to exceed amount of Thirty Thousand One Hundred Seventy-Three Dollars ($30,173.00); and

WHEREAS, CWC staff has reviewed an additional construction invoice of costs incurred submitted by the homeowner for additional curtain drain in the amount of One Thousand One Hundred Eighteen Dollars ($1,118.00) 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 One Thousand One Hundred Eighteen Dollars ($1,118.00); and

WHEREAS, CWC staff have determined that Thirty-One Thousand Two Hundred Ninety-One Dollars ($31,291.00) 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 Thirty-One Thousand Two Hundred Ninety-One Dollars ($31,291.00) 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 Thirty-One Thousand Two Hundred Ninety-One Dollars ($31,291.00). Robert Warfield Backup Mr. Warfield’s property is located in the Town of Halcott, Greene County. CWC Board of Directors previously approved reimbursement for this project at $30,173.00. During construction the project engineer required the contractor add an additional 100 lineal feet of curtain drain to ensure the safe and proper operation of the new system. A reasonable and just cost for the additional work according to the CWC Schedule of Values is $1,118.00. The Septic Committee recommends that the Board approves an additional reimbursement of $1,118.00, for total reimbursement not to exceed $31,291.00.

TAB 17 December 6, 2016O RESOLUTION NO.

BOARD APPROVAL OF ADDITIONAL FUNDS FOR SEPTIC CONSTRUCTION OVER $25,000: WILLIAM WOLFINGER

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 October 6, 2015, by Resolution Number 2746, the CWC Board approved reimbursement to William Wolfinger in an amount not to exceed Twenty-Nine Thousand Three Hundred Sixty-Eight Dollars and Fifty ($29,368.00); 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 Seven Thousand Six Hundred Eighty-Nine Dollars and Fifty Cents ($7,689.50); 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 Seven Thousand Six Hundred Eighty-Nine Dollars and Fifty Cents ($7,689.50); and

WHEREAS, CWC staff have determined that Thirty-Seven Thousand Fifty-Seven Dollars and Fifty Cents ($37,057.50) 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 Thirty-Seven Thousand Fifty-Seven Dollars and Fifty Cents ($37,057.50) 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 Thirty-Seven Thousand Fifty-Seven Dollars and Fifty Cents ($37,057.50). William Wolfinger Backup Mr. Wolfinger’s property is located in the Town of Meredith, Delaware County. CWC Board of Directors previously approved reimbursement for this project at $29,368.00. During construction the design engineer requested 30 cubic yards of random fill material to ensure access to the absorption field, 160 lineal feet of curtain drain to protect the absorption field from ground/surface runoff, and 165 cubic yards of additional absorption fill material to ensure proper treatment of the effluent. A reasonable and just cost for the additional work according to the CWC Schedule of Values is $7,689.50. The Septic Committee recommends that the Board approves an additional reimbursement of $7,689.50, for total reimbursement not to exceed $37,057.50.

TAB 18 December 6, 2016 RESOLUTION NO.

BOARD RESCISSION OF RESOLUTION #2919 SEPTIC CONSTRUCTION REGARDINING SEPTIC CONSTRUCTION FUNDING: ERNEST HANSELMAN

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, on August 2, 2016, by Resolution Number 2919 the CWC Board of Directors approved reimbursement to Ernest Hanselman in the total not-to-exceed amount of Twenty-Nine Thousand Nine Hundred Fifty Dollars ($29,950.00) to replace a septic system for an eight bedroom home in the Town of Stamford, Delaware County; and

WHEREAS, following CWC Board approval, Ernest Hanselman informed CWC that he no longer desired to replace his likely to fail septic system and requested reimbursement instead for a new septic tank only and he would utilize the existing seepage pit as an absorption field; and

WHEREAS, CWC staff estimate that the cost of a new septic tank will be less than Twenty-Five Thousand Dollars ($25,000.00) and Ernest Hanselman can request reimbursement from CWC for an absorption field at a later date; and

WHEREAS, CWC Septic Committee recommends that the CWC Board of Directors rescind Resolution Number 2919.

NOW THEREFORE BE IT RESOLVED, that the CWC Board of Directors rescinds Resolution Number 2919 and it shall have no further force or effect.

TAB 19 December 6, 2016

RESOLUTION NO. SEPTIC IV PROGRAM AGREEMENT CHANGE ORDER

WHEREAS, the Revised 2007 New York City Filtration Avoidance Determination issued by the New York State Department of Health (“NYSDOH”), in consultation with the United States Environmental Protection Agency (“EPA”), requires the City to contract with CWC to administer the Septic System Rehabilitation and Replacement IV Program (the “Septic IV Program”) in the City’s West of Hudson Watershed through the end of 2017, and it is anticipated that NYSDOH will require the Septic IV Program to continue past 2017; and

WHEREAS, on August 7, 2012, by Resolution Number 2152 the CWC Board approved the Septic IV Program agreement, subsequently approved by New York City Department of Environmental Protection and dated June 12, 2013 (the “Septic IV Agreement”); and

WHEREAS, the total contract amount provided under the Septic IV Agreement is Thirty-Six Million Dollars ($36,000,000) and is based on the estimated cost of inspecting and rehabilitating, replacing or upgrading (as appropriate) approximately 300 septic systems per year; and

WHEREAS, as a result of the success of the Septic IV Program and the requirement to continue the Septic IV Program without disruption, NYCDEP has proposed providing additional funds in the amount of Ten Million Eight Hundred Thousand Dollars ($10,800,000.00)

WHEREAS, the CWC Septic Committee recommends the CWC Board of Directors authorize the President and/or Executive Director to execute a change order to the Septic IV Program Agreement to provide an additional Ten Million Eight Hundred Thousand Dollars ($10,800,000.00) to the CWC Septic IV Program Agreement.

NOW THEREFORE BE IT RESOLVED, that the CWC Board of Directors authorizes the President and/or Executive Director to execute a change order the Septic IV Program Agreement to provide an additional Ten Million Eight Hundred Thousand Dollars ($10,800,000.00) to the CWC Septic IV Program Agreement.

AMENDMENT TO THE SEPTIC SYSTEM REHABILITATION AND REPLACEMENT IV CONTRACT, CONTRACT # CAT 415 BY AND BETWEEN THE CITY OF NEW YORK AND THE CATSKILL WATERSHED CORPORATION

THIS AMENDMENT (“Amendment”), is made the ___ day of _____ 2016, by and between THE CITY OF NEW YORK, a municipal corporation of the State of New York, having its principal office at City Hall, New York, New York 10007 (the “City”), acting by and through the NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, having its principal office at 59-17 Junction Boulevard, Flushing , New York 11373 (“DEP”), and the Catskill Watershed Corporation, an independent locally-based and locally administered not-for-profit corporation, organized and existing under Section 1411 of the New York State Not-For-Profit-Corporation Law and having its principal office in Margaretville, New York (“CWC”). For purposes of this Amendment, the City, DEP, and CWC shall be referred to collectively as the “Parties.”

WITNESSETH:

WHEREAS, the City, by and through DEP, entered into an agreement with CWC to administer the Septic IV Program, dated June 12, 2013 (Contract # CAT 415; Registration # CT 826 20131429146), which expires on November 30, 2022 (the “Agreement”); and

WHEREAS, the total contract amount provided under Article 3, section 3.01 is Thirty-Six Million Dollars ($36,000,000)(“Contract Amount”); and

WHEREAS, the Contract Amount is based on the estimated cost of inspecting and rehabilitating, replacing or upgrading (as appropriate) approximately 300 septic systems per year; and

WHEREAS, the success of the Septic IV Program and the requirement to continue the Septic IV Program without disruption warrant additional funds in the amount of Ten Million Eight Hundred Thousand Dollars ($10,800,000) ; and

WHEREAS, the Parties desire to change the Contract Amount of the Agreement in accordance with the New York City Procurement Policy Board Rules Section 4-02 to allow the CWC to continue administering the Septic IV Program.

NOW THEREFORE, in consideration of the premises and respective representation and covenants contained in the Agreement, the Parties mutually agree as follows:

1. Section 3.01 of the Agreement is hereby amended to increase the Contract Amount by Ten Million, Eight Hundred Thousand Dollars ($10,800,000), from Thirty-Six Million Dollars ($36,000,000) to Forty-Six Million, Eight Hundred Thousand Dollars ($46,800,000), to be paid in equal installments of One Million Eight Hundred Thousand Dollars ($1,800,000), as provided in such section of the Agreement.

2. Full Force and Effect. All the terms and conditions of the Agreement not expressly and specifically modified by this Amendment shall remain in full force and effect and shall govern the relationship of the Parties during the amended term of the Agreement.

IN WITNESS WHEREOF, the City, by and through DEP, and CWC, intending to be bound hereto, execute this Amendment by their duly authorized representatives.

THE CITY OF NEW YORK, by and through THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION

By: ______Elisa Velazquez, Assistant Commissioner Agency Chief Contracting Officer Department of Environmental Protection

CATSKILL WATERSHED CORPORATION

By: ______Alan Rosa Executive Director Catskill Watershed Corporation

ACKNOWLEDGEMENT BY AGENCY CHIEF CONTRACTING OFFICER

State of New York, County of QUEENS SS: On this ______day of ______2016 before me personally came Elisa Velazquez to be known, and known to be the Agency Chief Contracting Officer of the Department of Environmental Protection of The City of New York, the person described as such in and who as such executed the foregoing instrument and she acknowledged to me that she executed the same as Agency Chief Contracting Officer for the purposes therein mentioned.

______Notary Public or Commissioner of Deeds

ACKNOWLEDGEMENT BY CATSKILL WATERSHED CORPORATION

State of New York, County of DELAWARE SS: On this ______day of ______2016 before me personally came Alan Rosa who affirmed or being by me duly sworn, did depose and say that he resides in the Town of Middletown, and that he is the Executive Director of the Catskill Watershed Corporation, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order.

______Notary Public of Commissioner of Deeds TAB 20 December 6, 2016 RESOLUTION NO. ADDITIONAL STORMWATER COSTS FOR CWC HANDICAP RAMP

WHEREAS, the Catskill Watershed Corporation (CWC) Board of Directors, on January 2, 1998, by Resolution Number 99, authorized the purchase of 905 Main Street in the Village of Margaretville to be used as the corporate offices; and

WHEREAS, the parking lot at 905 Main Street is at the end of its useful life, and now needs to be repaired, and the paved handicap ramp at 905 Main Street no longer meets building code standards and needs to be replaced; and

WHEREAS, on August 2, 2016, by Resolution Number 2925, the CWC Board of Directors accepted the bid of Evergreen Mountain Contracting (Evergreen) as the lowest responsible bidder and authorized the Executive Director to execute a contract with Evergreen in the amount of up to Sixteen Thousand Three Hundred Dollars ($16,300.00) to repair the parking lot and handicap ramp and inclusive of a CWC staff initial estimate of Two Thousand Dollars ($2,000.00) for installation of stormwater controls required by a New York City Department of Environmental Protection (NYCDEP) for the ramp; and

WHEREAS, on October 4, 2016, by Resolution Number 2940, the CWC Board of Directors approved additional funding for stormwater controls required by a total amount not to exceed Seventeen Thousand Eight Hundred Dollars ($17,800.00) for repaving of CWC parking lot, handicap ramp and installation of NYCDEP required stormwater controls; and

WHEREAS, following construction CWC requested gravel be placed within the constructed stormwater detention pond to immediately reduce a hazard due to the pond’s depth and closeness to the handicapped ramp and CWC received an invoice of One Thousand Two Hundred Dollars ($1,200.00) for the materials and labor; and

WHEREAS, CWC Finance Committee recommends CWC Board of Directors approves the additional funding for the stormwater controls for total funding for the parking lot and stormwater controls not to exceed Nine Thousand Dollars ($19,000.00).

NOW THEREFORE, CWC Board of Directors approves total funding for the parking lot and stormwater controls not to exceed Nine Thousand Dollars ($19,000.00).

TAB 21 December 6, 2016 RESOLUTION NO.

BOARD REVIEW OF FUTURE STORMWATER PROGRAM APPLICATION FOR CATSKILL WATERSHED CORPORATION HANDICAPPED RAMP STORMWATER CONTROLS

WHEREAS, the Catskill Watershed Corporation has applied for funding of eligible project costs in the amount of Ten Thousand Twenty-Eight Dollars and Twenty Cents ($10,028.20) for design and construction of new stormwater controls related to the construction of a handicap ramp; 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, CWC staff recommended reimbursement of eligible stormwater costs for a total not-to-exceed amount of Ten Thousand Twenty-Eight Dollars and Twenty Cents ($10,028.20); and

WHEREAS, the CWC Wastewater/Stormwater Committee recommended 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 payment of Ten Thousand Twenty-Eight Dollars and Twenty Cents ($10,028.20).

CWC Future Stormwater Controls Program

Catskill Watershed Corporation, Town of Middletown, Delaware County, New York:

The Catskill Watershed Corporation is located on Route 30 in the Village of Margaretville, Delaware County. The Catskill Watershed was required to design and construct new stormwater control measures to control stormwater runoff for a redesigned paved handicap ramp within 100 feet of a watercourse.

The Catskill Watershed was required to comply with the Watershed Rules and Regulations enforced by the NYCDEP. The NYCDEP Stormwater Pollution Prevention Plan (SWPPP) approval was issued on September 14, 2016.

CWC staff recommended reimbursement of eligible stormwater costs to the CWC Wastewater/Stormwater Committee. The CWC Wastewater/Stormwater Committee recommends reimbursement of $10,028.20 to the Catskill Watershed Corporation for its SWPPP costs solely attributable to the Watershed Regulations and not otherwise required by State or federal law.

TAB 22 December 6, 2016 RESOLUTION NO.

BOARD REVIEW OF FUTURE STORMWATER PROGRAM APPLICATION FOR DELHI COMMUNITY CHURCH STORMWATER CONTROLS

WHEREAS, the Delhi Community Church has applied for funding of eligible project costs in the amount of Fifteen Thousand Three Hundred Ninety-One Dollars and Ninety-Eight Cents ($15,391.98) for design and construction of new stormwater controls related to the construction of a large addition; 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, CWC staff recommended reimbursement of eligible stormwater costs for a total not-to-exceed amount of Twelve Thousand Three Hundred Ninety-One Dollars and Ninety-Eight Cents ($12,391.98); and

WHEREAS, the CWC Wastewater/Stormwater Committee recommended 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 payment of Twelve Thousand Three Hundred Ninety-One Dollars and Ninety-Eight Cents ($12,391.98). CWC Future Stormwater Controls Program

Delhi Community Church, Town of Delhi, Delaware County, New York:

The Delhi Community Church is located on Route 10 in the Town of Delhi, Delaware County. The church was required to design and construct new stormwater control measures to control stormwater runoff for a new addition to the church.

The church was required to comply with the Watershed Rules and Regulations enforced by the NYCDEP. The NYCDEP Stormwater Pollution Prevention Plan (SWPPP) approval was issued on October 19, 2016.

CWC staff recommended reimbursement of eligible stormwater costs to the CWC Wastewater/Stormwater Committee. The CWC Wastewater/Stormwater Committee recommends reimbursement of $12,391.98 to the Delhi Community Church for its SWPPP costs solely attributable to the Watershed Regulations and not otherwise required by State or federal law.

TAB 23

December 6, 2016 RESOLUTION NO. DARLENE COLANDREA FUTURE STORMWATER OPERATION AND MAINTENANCE FUNDING

WHEREAS, pursuant to Paragraph 128 of the 1997 New York City Watershed (“Watershed MOA”), the Catskill Watershed Corporation (“CWC”) is the program manager for the Future Stormwater Program; and

WHEREAS, the Future Stormwater Program is intended to reimburse applicants for costs associated solely from requirements of New York City Department of Environmental Protection Watershed Regulations that are not also State or Federal requirements; and

WHEREAS, interest from earnings on Future Stormwater Funds can be used to reimburse applicants for maintenance costs associated with previously approved applications; and

WHEREAS, on October 7, 2014, by Resolution Number 2573, the CWC Board of Directors approved the Future Stormwater Application of Darlene Colandrea for 50% reimbursement of eligible costs in an amount not to exceed Five Thousand Nine Hundred Seventy-Five Dollars ($5,975.00) associated with her Pine Grove Self Storage project; and

WHEREAS, on August 4, 2015, by Resolution Number 2714, the CWC Board of Directors approved additional funds to Darlene Colandrea for 50% reimbursement of eligible costs in an amount not to exceed Twenty-Two Thousand Three Hundred Nineteen Dollars and Forty-Two Cents ($22,319.42) associated with her Pine Grove Self Storage project; and

WHEREAS, Darlene Colandrea has requested operation and maintenance funding to maintain the stormwater best management practices installed as part of the NYC DEP required SWPPP associated with her Pine Grove Self Storage project.

WHEREAS, CWC staff recommends funding in the amount of Five Hundred Dollars ($500.00) for 50% reimbursement of operation and maintenance costs; and

WHEREAS, the CWC Wastewater/Stormwater Committee has reviewed the CWC staff recommendation and recommends that the CWC Board of Directors authorize the President and/or Executive Director to enter into a contract with Darlene Colandrea for 50% of reimbursement of stormwater maintenance for a total not-to-exceed amount of Five Hundred Dollars ($500.00).

NOW THEREFORE BE IT RESOLVED, that the CWC Board of Directors authorizes the President and/or Executive Director to execute a contract with Darlene Colandrea for a total not-to-exceed amount of Five Hundred Dollars ($500.00) for 50% of operation and maintenance costs associated with the Pine Grove Self Storage project. Future Stormwater Program Application - Darlene Colandrea

Darlene Colandrea owns Pine Grove Self Storage and constructed additional storage units in 2014. This site required a NYC DEP SWPPP. The stormwater best management practices included two rain gardens. As a small business, Darlene Colandrea is eligible to apply to CWC and NYCDEP to seek reimbursement for maintenance costs and each organization is responsible for up to 50% of these costs.

The CWC Wastewater/Stormwater Committee recommends a Future Stormwater Reimbursement contract for operation and maintenance of this project for an amount not to exceed $500.00. This contract can be revised by the CWC Board if and when additional funds are required.

TAB 24

December 6, 2016 RESOLUTION NO.

BOARD REVIEW OF THE DELAWARE COUNTY HIGHWAY VACUUM TRUCK STORMWATER RETROFITS PROGRAM APPLICATION

WHEREAS, Paragraph 125 of the 1997 New York City Watershed Memorandum of Agreement (“MOA”) directs the Catskill Watershed Corporation (“CWC”) to establish a program to pay the costs to design, permit, maintain, implement and construct Stormwater Best Management Practices (BMP’s) to address existing stormwater runoff in concentrated areas of impervious surface in West of Hudson Watershed to the extent such BMP’s are necessary to correct or reduce existing erosion and/or pollutant loading; and

WHEREAS, by Resolution Number 265, the CWC Board of Directors established the Stormwater Retrofits Program (Program) Rules that provides for payment of eligible project costs; and

WHEREAS, as a further condition of the 2007 FAD and pursuant to the 2010 Water Supply Permit, DEP agreed to provide additional funding to the Stormwater Retrofit Program for the second five years (2012-2017) of the 2007 FAD (“2007 FAD Part II”); and

WHEREAS, by Resolution Number 2241, the CWC Board of Directors approved the Stormwater Retrofit II Program as a continuation of the Stormwater Retrofit Program created pursuant to Paragraph 125 of the Watershed MOA, the 2002 and 2007 FADs; and

WHEREAS, pursuant to the 2007 FAD Part II, CWC shall continue to implement the Stormwater Retrofit I Program, including the Community-Wide Stormwater Infrastructure Assessment and Planning Program; and

WHEREAS, by Resolution Number 2620, the CWC Board of Directors revised the Program Rules to provide for an annual grant round with applications due on October 1st and applications to be reviewed by the CWC Board on the first Tuesday in December; and

WHEREAS, pursuant to the CWC Program rules as adopted by the CWC Board of Directors, the CWC staff and NYCDEP staff must evaluate grant requests and issue funding recommendations to the CWC Wastewater Committee, which shall issue recommendations to the CWC Board of Directors; and

WHEREAS, CWC received applications on or before October 1, 2016 as more fully described in Attachment A; and

WHEREAS, CWC and NYCDEP staff have jointly reviewed and recommend funding for the Delaware County Highway Vacuum Truck as detailed in the application dated September 27,

2016 for a not-to-exceed amount of Two Hundred Sixty Thousand Dollars ($260,000.00) and have presented their recommendations to the CWC Wastewater Committee; and

WHEREAS, the CWC Wastewater Committee has reviewed and recommends the proposal as detailed in the application dated September 27, 2016 on the condition that the Delaware County Highway Department provides a local match of Thirty Thousand Dollars ($30,000.00) for the purchase of the vehicle as proposed in the application, and that the truck be used exclusively and solely within the watershed in CWC Watershed member towns in Delaware County, and that Delaware County be required to annually report to CWC structure condition and work completed, and mileage used thereof; and

WHEREAS, pursuant to the CWC Program Rules, the CWC Board of Directors has reviewed the attached recommendation and supporting documentation.

NOW, THEREFORE, LET IT BE RESOLVED, the CWC Board of Directors approves funding as per the attached funding limits Two Hundred Sixty Thousand Dollars ($260,000.00).

NOW THEREFORE, LET IT BE FURTHER RESOLVED, that the CWC Board approves such funding on the condition that the Greene County Highway Department provide a local match of Thirty Thousand Dollars ($30,000.00) for the purchase of the vehicle as proposed in the application, that the truck be used exclusively and solely within the watershed in CWC Watershed member towns in Delaware County, and that Delaware County be required to annually report to CWC structure condition and work completed, and mileage used thereof.

NOW, THEREFORE BE IT FURTHER RESOLVED, approval of grants 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 Directors unless an objection is timely filed with the Watershed Protection and Partnership Council.

TAB 25

December 6, 2016 RESOLUTION NO.

BOARD REVIEW OF THE WINDHAM THEATRE STORMWATER RETROFITS PROGRAM APPLICATION

WHEREAS, by Resolution Number 265, the CWC Board of Directors established the Stormwater Retrofits Program (Program) Rules that provides for payment of eligible project costs; and

WHEREAS, CWC received applications on or before October 1, 2016 as more fully described in Attachment A; and

WHEREAS, CWC and NYCDEP staff have jointly reviewed and recommend funding for the Windham Theatre for design of a Stormwater Improvement Project as detailed in the application dated September 30. 2016 for a not-to-exceed amount of Eighteen Thousand Two Hundred

Fourteen Dollars and Forty Cents ($18,214.40) and have presented their recommendations to the CWC Wastewater Committee; and

WHEREAS, the CWC Wastewater Committee has reviewed and recommends the proposal as detailed in the application dated September 30, 2016; and

WHEREAS, pursuant to the CWC Program Rules, the CWC Board of Directors has reviewed the attached recommendation and supporting documentation.

NOW, THEREFORE, LET IT BE RESOLVED, the CWC Board of Directors approves funding for the Windham Theatre for design of a Stormwater Improvement Project as per the attached funding application for not to exceed amount of Eighteen Thousand Two Hundred Fourteen Dollars and Forty Cents ($18,214.40).

TAB 26 December 6, 2016 RESOLUTION NO.

CWC REVIEW OF FLOOD HAZARD MITIGATION PROGRAM APPLICATION FOR TOWN OF SHANDAKEN - TOWN HALL RELOCATION, PROPERTY ACQUISITION

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 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, by Resolution Number 2439, on March 4, 2014, 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”) and approved a Program Agreement with the City; and

WHEREAS, as provided in the CWC Flood Hazard Mitigation Implementation Program Rules (Program Rules), as adopted by the CWC Board of Directors, CWC staff must evaluate grant applications and issue funding recommendation to the CWC Wastewater Stormwater Committee, which shall issue recommendations to the CWC Board of Directors; and

WHEREAS, the Town of Shandaken (Town) submitted an application to CWC to fund the purchase of a property for the relocation of the Town Hall and Town Highway Garage, currently located on New York State Route 28, Shandaken, N.Y., in an area immediately adjacent to the Esopus Creek, to property out of the 500 year flood plain; and

WHEREAS¸ the Town previously purchased a property in the Town (Section/Block/Lot 25.1-1- 2.100) with funding from the New Infrastructure Program (NIP Program) (MOA Paragraph 122) (NIP Property) in 2006 for a now discontinued wastewater treatment project; and

WHEREAS, pursuant to the Town’s NIP Program contract it is obligated to either retain the NIP Property and reimburse NYCDEP for the lesser of the cost of the fee interests acquired or their fair market value, or sell the NIP Property for fair market value and return the sale proceeds to NYCDEP; and

WHEREAS, the NIP Property is located outside the 100 year flood plain, is .89 acres larger than the current location for the Town Hall and Highway Garage, and contains a modest ranch style home that is in an uninhabitable condition, as well as a collapsed garage; and

WHEREAS, the Town has completed a local flood analysis for the hamlets of Phoenicia and Mt. Tremper; and

WHEREAS, the current Town Hall and Town Highway Garage are located within the 100 year flood plain where there are no alternatives for elevating or flood proofing the structures, which includes areas where petroleum and oils are located; and

WHEREAS, the Town wishes to relocate the Town Hall and Town Highway Garage to the NIP Property pursuant to the Program (Relocation Property); and

WHEREAS, upon review of the information and staff recommendation, the CWC Wastewater/Stormwater Committee recommends that the CWC Board of Directors approves an amount not to exceed One Hundred Fourteen Thousand Dollars ($114,000.00) for the Relocation Property for the Town Hall and Town Highway Garage; and

WHEREAS, the CWC Wastewater Committee further recommends that the CWC Board waive Program Rule § 17:00:03 (2)(b) in order to allow the Town to be eligible to relocate because a FEMA Flood Damage Toolkit shows that a 100 year storm will flood the inside of the Town Hall with five feet of water, damage 49.7% of the Town Hall’s structure and contents, prevent the use of the Town Hall as an emergency response center for the town, flood the Town Highway Garage, impacting equipment, and disrupt the workings of the Town Supervisor, Clerk and Assessors offices; and

WHEREAS, the CWC Wastewater Committee further recommends the CWC Board waive Program Rule §17:02:03 (4)(b)(iii) that requires funds to be used to purchase property not currently owned by the applicant, because the Town purchased the Relocation Property with funds from NYCDEP for another purpose and cannot continue to own the Relocation Property unless it reimburses NYCDEP, either through sale of the property or with Town funds; and

WHEREAS, the CWC Wastewater Committee further recommends the CWC Board waive Program Rule § 17:02:03 (4)b)(iii) which requires that the relocation property be the same size or smaller than the current property because the Relocation Property is only nominally larger than the current property, is available immediately to start the relocation process and is bisected by a watercourse that restricts development of the entire Relocation Property; and

WHEREAS, the CWC Wastewater Committee recommends the CWC Board waive Program Rule §17:02:03(4)(b)(iii) that requires FHMIP funds to be used to pay for the appraised land value, absent improvements, because the structures on the Relocation Property are uninhabitable and will require significant expense to make them suitable for any use; and

WHEREAS, the CWC Wastewater Committee further recommends that the CWC Board of Directors approve the Town of Shandaken’s application subject to the Town’s agreement that the construction of the relocation will be completed within five years, that a deed restriction will cause title to the Relocation Property to revert to CWC if such project is not completed within five years, that current location of the Town offices and Town highway garage will be subject to deed covenants restricting development after demolition of the current structures and that the Town use the funds allocated herein solely to reimburse DEP as required in the NIP Program contract, and associated costs for filing costs for deed restrictions.

NOW, THEREFORE, LET IT BE RESOLVED, that the CWC Board of Directors has reviewed the Town’s application, staff recommendation and supporting documentation and approves funding the Town of Shandaken Town Hall Complex Relocation for the costs necessary to reimburse DEP for the Relocation Property’s fair market value and associated costs in an amount not to exceed One Hundred Fourteen Thousand Dollars ($114,000.00). Backup

Town of Shandaken submitted an application on 10/21/16 for the FHMIP program for a land purchase for the relocation of the Town owned complex to be located outside of the Special Flood Hazard Area (SFHA). This includes the Town of Shandaken’s office/court building, highway department, recycling center and dog kennel. This complex is a critical facility. The existing parcel of land that the Town’s Complex is now on is located on 3.2 acres, all of which is in the SFHA. Per the flood maps, during a 100 year flood event the entire area would be under approximately 5’ of flood water which would cause substantial damage and a loss of services to the community.

The proposed new parcel of land being considered is located further east on Rt. 28 on tax parcel 25.1-1-2.100, closer to the hamlet of Phoenicia and entirely out of the SFHA. The new parcel of land is 4.05 acres which has a small watercourse running through it and would limit the amount of useable land to be about the same size as they now have.

The Town of Shandaken is requesting funding of not to exceed $114,000.00 for the purchase of the property. $105,000.00 is for the land purchase and the remaining $9,000.00 is for all closing costs and legal fees. The desired parcel of land for the new Town Complex is currently owned by the Town of Shandaken, however the Town must reimburse the NYCDEP for the original cost of the land of $105,000.00. The property was originally acquired by the Town of Shandaken with funding from NYCDEP several years ago as a potential location for a wastewater treatment facility which never happened.

The relocation of the Town Complex is a recommendation in their LFA to relocate to this parcel of land. The Town of Shandaken has been participating in the NY Rising Community Reconstruction Program and hired CT Male Associates to conduct a Feasibility Study for this relocation, design/engineering for the construction of a new Town Complex. Although there is a relatively low BCR of 49.7 for the structure and the contents of the building, this appears to be a good project for relocation. This is a Critical Facility and day to day government functions and a storm command center is essential for the smooth operation of the Town of Shandaken.