owasco lake & watershed
OWASCO LAKE WATERSHED INSPECTION
Program Transition to OLWMC Auburn City Council Presentation | January 11, 2018
WATERSHEDS • WATERSHEDS TRANSCEND POLITICAL BOUNDARIES • WATERSHED MANAGEMENT REQUIRES COLLABORATION & COOPERATION
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OWASCO LAKE WATERSHED – 205 Square Miles • Owasco Lake – One of Eleven Finger Lakes • The Watershed Extends to ~205 Square Miles • Watershed Transcends Political Boundaries and Includes 3- Counties: • CAYUGA COUNTY – all or a portion of 11 Towns & 1 Village; • ONONDAGA COUNTY – portions of the Town of Skaneateles; and • TOMPKINS COUNTY – all or a portion of 3 Towns & 1 Village.
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OWASCO LAKE WATERSHED • MUNICIPALITIES
Figure 1-1. Municipalities within the Owasco Lake watershed (units are square miles) Note that starred municipalities include shoreline properties
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• WATERSHED MAP
OWASCO LAKE & THE WATERSHED: A VITAL NATURAL RESOURCE • WATERSHEDS PROVIDE “SERVICES” TO BENEFIT THE PEOPLE WITHIN AND NEAR IT • WATERSHEDS SUPPORT A MOSAIC OF ECOSYSTEMS OF WHICH PEOPLE ARE BUT ONE COMPONENT • Watersheds provide Flood Protection; • Watersheds provide Fish & Wildlife Habitat; • Watersheds provide Recreation, Tourism and Aesthetic Benefits; and • WATERSHEDS PROVIDE POTABLE WATER TO SUSTAIN OUR COMMUNITIES AND ECONOMY
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OWASCO LAKE – A PUBLIC WATER RESOURCE TO ~43,000 PEOPLE
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OWASCO LAKE – A PUBLIC WATER RESOURCE
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OWASCO LAKE PUBLIC WATER SUPPLY FACTS • 212 BILLION – Average Gallons of Water in Owasco Lake • 1.5 BILLION – Combined Annual Gallons of Water pulled out of Owasco Lake, Treated and Distributed by the City of Auburn and Town of Owasco • 4.3 MILLION – Average Gallons of Water Distributed by the City of Auburn and Town of Owasco Systems on a Daily Basis • ~43,000 – Approximate Number of Cayuga County Residents Buying Owasco Lake Public Water: • 27,180 • 4,800 • 2,160 • 10,300
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City of Auburn Owasco & Fleming Town of Sennett Cayuga County Water & Sewer Authority (distributes to others)
WATER RESOURCE PROTECTION A SHARED COMMITMENT • Water Quality Issues impacting Owasco Lake and its watershed are the cumulative results of many activities and conditions • The responsibility for improvements rests with the entire community • Water Resource Protection requires commitment at many levels: • Federal, State & Local Government • Natural Resource and Agricultural Management Agencies & Associations • Shoreline Residents • The Agricultural Community • Business & Industry
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WATER RESOURCE PROTECTION A SHARED COMMITMENT • 3 KEY COMPONENTS OF OWASCO LAKE & WATERSHED PROTECTION EFFORTS: 1. Watershed Research, Strategic Planning, Policy Development & Public Education 2. Implementation of Pollution Mitigation Strategies, Best Management Practices & Conservation 3. An Effective and Strategic Watershed Inspection and Enforcement Program.
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WATER RESOURCE PROTECTION A SHARED COMMITMENT KEY CONTRIBUTORS TO THIS EFFORT WITHIN CAYUGA COUNTY: 1.
Contributions from Water User Fees via City of Auburn and Town of Owasco Rates
2.
Cayuga County Departments & Agencies, including Planning, Health, CCE and SWCD
3.
The Owasco Watershed Lake Association and its more than 1000 Members
4. The Finger Lakes Land Trust & the Partnership for Healthy Watersheds
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WATER RESOURCE PROTECTION A SHARED COMMITMENT • COLLECTIVELY, THESE PARTNERS WILL INVEST OVER $7.3MM IN OWASCO LAKE AND WATERSHED PROTECTION MEASURES WITH PROJECTS IN PLACE OR PENDING IN 2017-18: • CITY OF AUBURN & TOWN OF OWASCO – VIA WATER USER FEES FROM WATER SALES • CITY OF AUBURN AND TOWN OF OWASCO – VIA STATE GRANTS FOR WATER TREATMENT UPGRADES FOR HABS • COUNTY DEPARTMENT AND AGENCY STAFF RESOURCES & SALARIES • GRANTS CAPTURED BY NON-PROFIT ORGANIZATIONS AND DEDICATED TO WATERSHED PROTECTION EFFORTS • GRANTS CAPTURED BY NON-PROFITS DEDICATED TO ONGOING WATERSHED RESEARCH & MONITORING • COUNTY GRANTS CAPTURED AND DEDICATED TO OWASCO LAKE AND WATERSHED RESOURCE PROTECTION
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WATER RESOURCE PROTECTION: A SHARED COMMITMENT Owasco Lake & Watershed Protection Expenditures in 2017 and 2018 County Contribution: Dept. & Agency Staff Resources 8% Non-Profit Organizations Grants Captured 21%
County Grants Captured 34%
Non-Profit Organizations: Research Contributions 5%
Auburn, Owasco and Water Users: WIP FUNDING 5%
Auburn and Owasco Water Treatment Grants Captured 27%
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Auburn, Owasco and Water Users: WIP FUNDING
Auburn and Owasco Water Treatment Grants Captured
Non-Profit Organizations: Research Contributions
Non-Profit Organizations Grants Captured
County Contribution: Dept. & Agency Staff Resources
County Grants Captured
WATERSHED RULES & REGULATIONS KEY PLAYERS IN CREATING WATERSHED RULES & REGULATIONS • The SUPPLIERS of WATER: City of Auburn and Town of Owasco • The “Local Health Unit:” Cayuga County Health Department • NYS Bureau of Public Water Supply Protection & State Health Commissioner KEY POINTS ON THE CURRENT WATERSHED RULES & REGULATIONS • Most recent version is dates from 1984 – 34 Years Old… • NYS established on behalf of Auburn & Owasco as Public Water Suppliers • Establishes authority for the Suppliers of Water to have the Owasco Lake Watershed inspected for compliance with the WSRR
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NYS PUBLIC HEALTH LAW: Section 11100 and 10 NY Code, Rules and Regulations, Section 104.1 The NYS Public Health Law at Section 11100 authorizes the Department of State to issue the rules set forth at 10 NYCRR Section 104.1, which govern the City and the Town of Owasco: Section 104.1 City of Auburn and Town of Owasco, Cayuga County. (e) Inspection. The Mayor and Council of Auburn and the town board of the town of Owasco or any person or persons charged with the maintenance or supervision of the public water supply system shall by its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain compliance with the rules and regulations set forth in this section. It shall be the further duty of the aforesaid local governments to promptly notify the State Commissioner of Health of such violations. The aforesaid local governments shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the watershed at the time of the last inspection.
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NYS PUBLIC HEALTH LAW: Section 225 and 10 NYCRR Section 5-1.10 The NYS Public Health Law at Section 225 authorizes the Department of Health to set forth the Sanitary Code, Rule and Regulations which are found at NYCRR Section 5-1.10: • These Sanitary Code rules and regulations address and apply to the protection of potable water resources in the County and the Code expressly states that these sections of the Health Law are to work together with the Watershed Rules & Regulations. • The County must, and does, work cooperatively with the City of Auburn and Town of Owasco as Suppliers of Public Water to test and inspect these public water supplies. • Collectively, we all share in this protection and are responsible for safe water. 16
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OWASCO LAKE WATERSHED INSPECTION Some Background… • PRIOR TO 2007: • City of Auburn employee assigned to inspection, in addition to other utilities-related duties • Gradual diversion of duties and resources until little, or no, inspection program in place
• 2005-2007 Significant Increase in Water Quality Issues and Concern • County efforts to decrease phosphorus loading from Groton WWTP – a battle; • Dr. Jon Halfman of the Finger Lakes Institute and HWS College, compiles initial Finger Lakes research showing Owasco Lake with poorest water quality of all Finger Lakes sampled
• 2007: Cayuga County WQMA and State Senator Mike Nozzolio coordinate municipal and community efforts to establish a full-time Watershed Inspector & Inspection Program
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OWASCO LAKE WATERSHED INSPECTION Some Background… • 2007 INITIAL FOUR-PARTY AGREEMENT FOR WATERSHED INSPECTION: AUBURN
OWASCO
WATERSHED INSPECTION PROGRAM
COUNTY
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SWCD
OWASCO LAKE WATERSHED INSPECTION The Watershed Inspection Committee • A Standing Committee of the OLWMC established to oversee & direct the WIP Watershed Inspection Program
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Watershed Inspection Committee
Voting Members of OLWMC & WIC
City of Auburn
Town of Owasco
Cayuga County
Non-Voting Technical Advisors
Auburn Technical Advisor
Owasco Technical Advisor
County Technical Advisor
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OWASCO LAKE WATERSHED INSPECTION Coordination with Research and Water Quality Monitoring WIC as Mechanism for a Coordinated and Strategic Watershed Inspection Program aligned with Ongoing Watershed Research & WQ Monitoring
All OLWMC Technical Advisors WIC & Technical Advisors
Municipal Members of OWLCM Coordinated Watershed Inspection Program
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OWASCO LAKE WATERSHED INSPECTION County Soil & Water Conservation District as Employer County Soil & Water Conservation District Provides Full Administration to WIP Watershed Inspectors become Employees of the County SWCD
All OLWMC Technical Advisors WIC & Technical Advisors
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Municipal Members of OWLCM
Coordinated Watershed Inspection Program
SWCD IS EMPLOYER
OWASCO LAKE WATERSHED INSPECTION PROGRAM INITIAL USER-FEE FUNDING CONCEPT ADD A SMALL FEE ONTO ALL WATER-USERS AUBURN & OWASCO COLLECT FEES IN BILLING & PASS ON TO PROGRAM OPERATIONS WIP FUNDING
AUBURN WATER SALES THROOP WATER SALES
SENNETT WATER SALES WEEDSPORT WATER SALES
OWASCO WATER SALES
AURELIUS WATER SALES SPRINGPORT CAYUGA
WATER & SEWER AUTH BRUTUS WATER SALES PORT BYRON WATER SALES MONTEZUMA WATER SALES
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FLEMING WATER SALES
Establishment of Owasco Lake Watershed Management Council, Inc. in 2011 • 2010 – City Manager and County Legislature Chair promote creation of a WS Management Council: • Similar to the Canandaigua Lake Model • A preferred alternative mechanism to employ, direct and administer a coordinated and strategic Watershed Inspection Program • Will retain the Watershed Inspection Committee Structure
• February 2011, the Owasco Lake Watershed Management Council, Inc., incorporated as a not-for-profit development corporation under Section 1411 of NYS Not-for-Profit Corporation Law: • Initial Directors and Founding Members are appointed: • City of Auburn: ex-officio, voting Member (Mayor or Member of Council); • Town of Owasco: ex-officio, voting Member (Supervisor) • Cayuga County: ex-officio, voting Member (Chair of Legislature or Legislator Designee)
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Establishment of Owasco Lake Watershed Management Council, Inc. in 2011 • March 2011 – First Organizational Meeting of OWLMC: • Corporate Bylaws Ratified & Adopted • Public Authorities Law Compliance Policies Adopted • • • •
Subject to Open Meetings Law & FOIL Requirements Subject to Public Authorities Accountability Act and Provisions May Operate as an Employer and not subject to Civil Service requirements May own Land, Assets & Other Real Property
• As newly formed Corporation, was not yet prepared to assume full responsibilities of administering and employing the Watershed Inspectors • County SWCD agrees to continue in this role under the 4-Party Agreement until the Management Council is prepared for the transition • 2016 – Official IRS Designation as a 501(c)3 is submitted and finalized
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ORGANIZATIONAL STRUCTURE - OLWMC
7-member Board of Directors
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MEMBERS & DIRECTORS AUTHORITY, ROLES & RESPONSIBILITIES
• FOUNDING & CURRENT EX-OFFICIO, VOTING MEMBERS ARE AUBURN, OWASCO & CAYUGA COUNTY • THESE ARE THE ONLY REPRESENTATIVES THAT ARE BOTH CORPORATION MEMBERS AND DIRECTORS ON THE BOARD OF DIRECTORS • THE BALANCE OF BOARD REPRESENTATIVES ARE ONLY DIRECTORS • MEMBERS HAVE DIFFERENT ROLES & AUTHORITIES THAN DIRECTORS: • Only MEMBERS can amend, repeal or adopt Corporate Bylaws; • Only MEMBERS can appoint new Directors to the Board of Directors of the Corporation; • The MEMBERS make up the Watershed Inspection Committee – a Standing Committee, supported by non-voting, technical advisors; • The MEMBERS have exclusive power to negotiate contracts and agreements related to the Owasco Lake Watershed Inspection Program. This was built into the Bylaws from the start.
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BOARD DIRECTORS AUTHORITY, ROLES & RESPONSIBILITIES
• CURRENT BOARD OF DIRECTORS HAS SEVEN (7) MUNICIPALITIES: AUBURN | OWASCO | COUNTY | FLEMING | LOCKE | NILES | SCIPIO • Responsible for “day-to-day” management of the Corporation and establishing all general policies governing its operations • Minimum number for BOD is three (3); Maximum is twenty-one (21) • Any increase in size of Board requires approval of the Members • All Directors serve at the pleasure of the Members; exceptions are the Initial Members who are permanent, ex-office Members / Directors • Board Officers include Chair; Vice-Chair, Treasurer and Secretary • Chair shall have the power to sign minutes, contracts, certificates and other documents for the conduct of Corporate business and affairs – as authorized by action of the Board of Directors
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BOARD DIRECTORS AUTHORITY, ROLES & RESPONSIBILITIES
• Corporation and Board of Directors is subject to Open Meetings Law and to Freedom of Information Law as set forth in Article 6 of Public Officers Law • Bylaws may be amended, repealed or adopted only by a majority of the Members, whose actions at all times shall supersede actions of Directors • The Corporation may from time to time appoint and/or employ a Watershed Resource Manager, who shall report directly to the Watershed Inspection Committee • The Corporation may also from time to time appoint and/or employ Watershed Inspectors that shall report directly to the Water Resource Manager • OLWMC Transition Proposal includes promoting the Watershed Specialist to the title of Executive Director and Water Resource Manager
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WATERSHED INSPECTION COMMITTEE OWASCO MEMBER
AUBURN MEMBER
COUNTY MEMBER
WATER RESOURCE MANAGER
STRATEGIC COORDINATION & TECHNICAL INPUT FROM RESEARCH PARTNERS & AGENCIES
WATERSHED Inspection Team
Technical Advisor-Owasco
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Technical Advisor-Auburn
Technical Advisor-County
WATERSHED INSPECTION COMMITEE • Will meet at least two times per month with Executive Director / Water Resource Manager, as oversight committee to the Watershed Inspection Program • Also attends the monthly Board of Directors meeting as Member/Directors • Report of the WIC is a standing agenda item on monthly Board of Directors meetings
• Will also schedule additional meetings, as needed, following a successful transition • Watershed Inspection Committee, coupled with Committee technical advisors, the OLWMC technical advisors and our research partners/agencies ensures strategic oversight of the Watershed Inspection Program and promotes a strong, collaborative approach to Watershed Management under the proposed Executive Director / Water Resource Manager.
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CURRENT INSPECTION PROGRAM STRUCTURED UNDER THE CURRENT 4-PARTY AGREEMENT 4-PARTY AGREEMENT FOR WATERSHED INSPECTION PROGRAM
COUNTY
AUBURN
SWCD [EMPLOYER]
OLWMC INSP. COMM. WATERSHED INSPECTORS [EMPLOYEES] TWO (2) FT INSPECTORS ~TWO (2) SEASONAL
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OWASCO
WATER-USER FEES SUPPORTING WIP OPERATIONS 2016 through 2018 2016
2017
2018
$116,000
$142,000
$167,000
• AUBURN • $105,000 • OWASCO • $11,000
• AUBURN • $125,000 • OWASCO • $17,000
• AUBURN • $150,000 • OWASCO • $17,000
• Other Funding Sources Provide Additional Program/Operations Funding • Can and Does Change from Year-to-Year 32
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CURRENT INSPECTION & ENFORCEMENT Inspection & Enforcement; Related but Separate…
INSPECTION ACTIVITIES: WATERSHED INSPECTORS
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ENFORCEMENT ACTIVITIES: COUNTY BOARD OF HEALTH COUNTY COURT IF NEEDED
INSPECTIONS | VIOLATIONS | ENFORCEMENT Inspector Cites a Violation: With Compliance, Process Ends Here. If No Compliance / Correction > THEN Violation Referred to County Board of Health: With Compliance, Process Ends Here. If No Compliance, THEN Violation Referred to Cayuga County Courts; Can Mandate Compliance via Court Order THIS IS THE CURRENT PROCESS. THE PROCESS WILL NOT CHANGE WITH TRANSITION TO OLWMC. 34
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CHALLENGES UNDER THE CURRENT STRUCTURE • Program & Inspection Autonomy: Challenge of Serving Two Bosses… • WIC of OLWMC is positioned to direct and oversee the Watershed Inspection Program • The Inspectors are Employees of the Cayuga County SWCD • Ongoing direction and control of the WIP by the WIC Members, in coordination with the Watershed Inspectors and Technical Advisors, is both structurally and practically diminished • As Employer subject to Civil Service regulations, the SWCD is prohibited from sharing periodic employee evaluations with the WIC, resulting in the WIC having no role in evaluating the WIP staff they have been established to direct.
• The opportunity to establish a high profile and clear community identity for the Watershed Inspection Program, with direct ties to its primary function of protection of Owasco Lake and its Watershed as a public water source, cannot be maximized under the current structure
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PROPOSED WATERSHED INSPECTION PROGRAM STRUCTURE A New 4-Party Agreement with One Change:
COUNTY
OLWMC
AUBURN
[EMPLOYER]
OLWMC INSP. COMM. WATERSHED INSPECTORS [EMPLOYEES] TWO (2) FT INSPECTORS ~TWO (2) SEASONAL
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OWASCO
Proposed WIP Budget Adjustments • REVENUE:
• Overall Program Operations Budget from User Fees Stays the Same: $167,000 • EXPENSE:
• Allocations within the Operations Budget do change with proposed transition: • Increase in Salary for Watershed Inspector with promotion to Executive Director/Water Resource Manager: +$7K w/ benefits • Increase in Mileage Expense in anticipation of increased field inspections: +$2K • Net Increase in Office Administration Costs: +$3.8K
• One-Time Transition Costs – Year 1 • Employee Handbook: +2.5K • Estimated Legal Services for Transition: +$1.2K
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PROS & CONS OF PROPOSED STRUCTURE • CHALLENGES – THE CONS: • Change is always difficult; there will be a transition and adjustment phase
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PROS & CONS OF PROPOSED STRUCTURE • OPPORTUNITIES AND GROWTH – THE PROS: • Program Partners / Parties have expressed support for transition: Town of Owasco, Cayuga County, Cayuga County SWCD Board of Directors, the OLWMC Board of Directors and the Owasco Watershed Lake Association (OWLA) • Solidifies Employer and WIC Structure under a Single, Coordinated Entity • Watershed Specialist Position transition to Executive Director / Water Resource Mgr. • Expanded Grant Opportunities under NFP Structure while maintaining access to grants prepared for and/or by WIP Municipal Partners (e.g. grant pass-thru) • Watershed Offices within the Watershed – Closer to the Field and the Public • Re-branding of the Watershed Inspection Program – full focus on Owasco Lake and Water Resource Protection • Continued collaboration and coordination with all partners, including CC SWCD
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Transition Timeline with City Support • OLWMC has already worked to establish administrative support structure through outside vendors – need signal of City support to fully engage in transition • Cayuga County Soil & Water Conservation District Board has agreed to continue administration up to Six Months after transition decision is made • SWCD also willing to transition earlier if requested.
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OWASCO LAKE & WATERSHED • PROTECTION OF LAKE AND WATERSHED IS OUR SHARED RESPONSIBILITY AS STEWARDS OF THE RESOURCE FOR THE FUTURE • PROPOSED WIP STRUCTURE WAS ENVISIONED FROM THE START • SOLIDIFIES EMPLOYER AND WIC STRUCTURE UNDER A SINGLE, COORDINATED ENTITY WHOSE SOLE PURPOSE AND MISSION IS PROTECTION OF OWASCO LAKE AND ITS WATERSHED • ELEVATES WATERSHED SPECIALIST TO EXECUTIVE DIRECTOR / WATER RESOURCE MANAGER • COLLABORATION AND COORDINATION WITH PROGRAM PARTNERS WILL CONTINUE
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Program Transition to OLWMC Auburn City Council Presentation | January 11, 2018
WATERSHEDS • WATERSHEDS TRANSCEND POLITICAL BOUNDARIES • WATERSHED MANAGEMENT REQUIRES COLLABORATION & COOPERATION
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OWASCO LAKE WATERSHED – 205 Square Miles • Owasco Lake – One of Eleven Finger Lakes • The Watershed Extends to ~205 Square Miles • Watershed Transcends Political Boundaries and Includes 3- Counties: • CAYUGA COUNTY – all or a portion of 11 Towns & 1 Village; • ONONDAGA COUNTY – portions of the Town of Skaneateles; and • TOMPKINS COUNTY – all or a portion of 3 Towns & 1 Village.
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OWASCO LAKE WATERSHED • MUNICIPALITIES
Figure 1-1. Municipalities within the Owasco Lake watershed (units are square miles) Note that starred municipalities include shoreline properties
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• WATERSHED MAP
OWASCO LAKE & THE WATERSHED: A VITAL NATURAL RESOURCE • WATERSHEDS PROVIDE “SERVICES” TO BENEFIT THE PEOPLE WITHIN AND NEAR IT • WATERSHEDS SUPPORT A MOSAIC OF ECOSYSTEMS OF WHICH PEOPLE ARE BUT ONE COMPONENT • Watersheds provide Flood Protection; • Watersheds provide Fish & Wildlife Habitat; • Watersheds provide Recreation, Tourism and Aesthetic Benefits; and • WATERSHEDS PROVIDE POTABLE WATER TO SUSTAIN OUR COMMUNITIES AND ECONOMY
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OWASCO LAKE – A PUBLIC WATER RESOURCE TO ~43,000 PEOPLE
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OWASCO LAKE – A PUBLIC WATER RESOURCE
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OWASCO LAKE PUBLIC WATER SUPPLY FACTS • 212 BILLION – Average Gallons of Water in Owasco Lake • 1.5 BILLION – Combined Annual Gallons of Water pulled out of Owasco Lake, Treated and Distributed by the City of Auburn and Town of Owasco • 4.3 MILLION – Average Gallons of Water Distributed by the City of Auburn and Town of Owasco Systems on a Daily Basis • ~43,000 – Approximate Number of Cayuga County Residents Buying Owasco Lake Public Water: • 27,180 • 4,800 • 2,160 • 10,300
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City of Auburn Owasco & Fleming Town of Sennett Cayuga County Water & Sewer Authority (distributes to others)
WATER RESOURCE PROTECTION A SHARED COMMITMENT • Water Quality Issues impacting Owasco Lake and its watershed are the cumulative results of many activities and conditions • The responsibility for improvements rests with the entire community • Water Resource Protection requires commitment at many levels: • Federal, State & Local Government • Natural Resource and Agricultural Management Agencies & Associations • Shoreline Residents • The Agricultural Community • Business & Industry
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WATER RESOURCE PROTECTION A SHARED COMMITMENT • 3 KEY COMPONENTS OF OWASCO LAKE & WATERSHED PROTECTION EFFORTS: 1. Watershed Research, Strategic Planning, Policy Development & Public Education 2. Implementation of Pollution Mitigation Strategies, Best Management Practices & Conservation 3. An Effective and Strategic Watershed Inspection and Enforcement Program.
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WATER RESOURCE PROTECTION A SHARED COMMITMENT KEY CONTRIBUTORS TO THIS EFFORT WITHIN CAYUGA COUNTY: 1.
Contributions from Water User Fees via City of Auburn and Town of Owasco Rates
2.
Cayuga County Departments & Agencies, including Planning, Health, CCE and SWCD
3.
The Owasco Watershed Lake Association and its more than 1000 Members
4. The Finger Lakes Land Trust & the Partnership for Healthy Watersheds
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WATER RESOURCE PROTECTION A SHARED COMMITMENT • COLLECTIVELY, THESE PARTNERS WILL INVEST OVER $7.3MM IN OWASCO LAKE AND WATERSHED PROTECTION MEASURES WITH PROJECTS IN PLACE OR PENDING IN 2017-18: • CITY OF AUBURN & TOWN OF OWASCO – VIA WATER USER FEES FROM WATER SALES • CITY OF AUBURN AND TOWN OF OWASCO – VIA STATE GRANTS FOR WATER TREATMENT UPGRADES FOR HABS • COUNTY DEPARTMENT AND AGENCY STAFF RESOURCES & SALARIES • GRANTS CAPTURED BY NON-PROFIT ORGANIZATIONS AND DEDICATED TO WATERSHED PROTECTION EFFORTS • GRANTS CAPTURED BY NON-PROFITS DEDICATED TO ONGOING WATERSHED RESEARCH & MONITORING • COUNTY GRANTS CAPTURED AND DEDICATED TO OWASCO LAKE AND WATERSHED RESOURCE PROTECTION
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WATER RESOURCE PROTECTION: A SHARED COMMITMENT Owasco Lake & Watershed Protection Expenditures in 2017 and 2018 County Contribution: Dept. & Agency Staff Resources 8% Non-Profit Organizations Grants Captured 21%
County Grants Captured 34%
Non-Profit Organizations: Research Contributions 5%
Auburn, Owasco and Water Users: WIP FUNDING 5%
Auburn and Owasco Water Treatment Grants Captured 27%
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Auburn, Owasco and Water Users: WIP FUNDING
Auburn and Owasco Water Treatment Grants Captured
Non-Profit Organizations: Research Contributions
Non-Profit Organizations Grants Captured
County Contribution: Dept. & Agency Staff Resources
County Grants Captured
WATERSHED RULES & REGULATIONS KEY PLAYERS IN CREATING WATERSHED RULES & REGULATIONS • The SUPPLIERS of WATER: City of Auburn and Town of Owasco • The “Local Health Unit:” Cayuga County Health Department • NYS Bureau of Public Water Supply Protection & State Health Commissioner KEY POINTS ON THE CURRENT WATERSHED RULES & REGULATIONS • Most recent version is dates from 1984 – 34 Years Old… • NYS established on behalf of Auburn & Owasco as Public Water Suppliers • Establishes authority for the Suppliers of Water to have the Owasco Lake Watershed inspected for compliance with the WSRR
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NYS PUBLIC HEALTH LAW: Section 11100 and 10 NY Code, Rules and Regulations, Section 104.1 The NYS Public Health Law at Section 11100 authorizes the Department of State to issue the rules set forth at 10 NYCRR Section 104.1, which govern the City and the Town of Owasco: Section 104.1 City of Auburn and Town of Owasco, Cayuga County. (e) Inspection. The Mayor and Council of Auburn and the town board of the town of Owasco or any person or persons charged with the maintenance or supervision of the public water supply system shall by its officers or their duly appointed representative make regular and thorough inspections of the reservoir, watercourses and watershed to ascertain compliance with the rules and regulations set forth in this section. It shall be the further duty of the aforesaid local governments to promptly notify the State Commissioner of Health of such violations. The aforesaid local governments shall report to the State Commissioner of Health in writing annually, prior to the 30th day of January, the results of the regular inspections made during the preceding year. The report shall state the number of inspections which were made, the number of violations found, the number of notices served, the number of violations abated and the general condition of the watershed at the time of the last inspection.
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NYS PUBLIC HEALTH LAW: Section 225 and 10 NYCRR Section 5-1.10 The NYS Public Health Law at Section 225 authorizes the Department of Health to set forth the Sanitary Code, Rule and Regulations which are found at NYCRR Section 5-1.10: • These Sanitary Code rules and regulations address and apply to the protection of potable water resources in the County and the Code expressly states that these sections of the Health Law are to work together with the Watershed Rules & Regulations. • The County must, and does, work cooperatively with the City of Auburn and Town of Owasco as Suppliers of Public Water to test and inspect these public water supplies. • Collectively, we all share in this protection and are responsible for safe water. 16
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OWASCO LAKE WATERSHED INSPECTION Some Background… • PRIOR TO 2007: • City of Auburn employee assigned to inspection, in addition to other utilities-related duties • Gradual diversion of duties and resources until little, or no, inspection program in place
• 2005-2007 Significant Increase in Water Quality Issues and Concern • County efforts to decrease phosphorus loading from Groton WWTP – a battle; • Dr. Jon Halfman of the Finger Lakes Institute and HWS College, compiles initial Finger Lakes research showing Owasco Lake with poorest water quality of all Finger Lakes sampled
• 2007: Cayuga County WQMA and State Senator Mike Nozzolio coordinate municipal and community efforts to establish a full-time Watershed Inspector & Inspection Program
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OWASCO LAKE WATERSHED INSPECTION Some Background… • 2007 INITIAL FOUR-PARTY AGREEMENT FOR WATERSHED INSPECTION: AUBURN
OWASCO
WATERSHED INSPECTION PROGRAM
COUNTY
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SWCD
OWASCO LAKE WATERSHED INSPECTION The Watershed Inspection Committee • A Standing Committee of the OLWMC established to oversee & direct the WIP Watershed Inspection Program
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Watershed Inspection Committee
Voting Members of OLWMC & WIC
City of Auburn
Town of Owasco
Cayuga County
Non-Voting Technical Advisors
Auburn Technical Advisor
Owasco Technical Advisor
County Technical Advisor
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OWASCO LAKE WATERSHED INSPECTION Coordination with Research and Water Quality Monitoring WIC as Mechanism for a Coordinated and Strategic Watershed Inspection Program aligned with Ongoing Watershed Research & WQ Monitoring
All OLWMC Technical Advisors WIC & Technical Advisors
Municipal Members of OWLCM Coordinated Watershed Inspection Program
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OWASCO LAKE WATERSHED INSPECTION County Soil & Water Conservation District as Employer County Soil & Water Conservation District Provides Full Administration to WIP Watershed Inspectors become Employees of the County SWCD
All OLWMC Technical Advisors WIC & Technical Advisors
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Municipal Members of OWLCM
Coordinated Watershed Inspection Program
SWCD IS EMPLOYER
OWASCO LAKE WATERSHED INSPECTION PROGRAM INITIAL USER-FEE FUNDING CONCEPT ADD A SMALL FEE ONTO ALL WATER-USERS AUBURN & OWASCO COLLECT FEES IN BILLING & PASS ON TO PROGRAM OPERATIONS WIP FUNDING
AUBURN WATER SALES THROOP WATER SALES
SENNETT WATER SALES WEEDSPORT WATER SALES
OWASCO WATER SALES
AURELIUS WATER SALES SPRINGPORT CAYUGA
WATER & SEWER AUTH BRUTUS WATER SALES PORT BYRON WATER SALES MONTEZUMA WATER SALES
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FLEMING WATER SALES
Establishment of Owasco Lake Watershed Management Council, Inc. in 2011 • 2010 – City Manager and County Legislature Chair promote creation of a WS Management Council: • Similar to the Canandaigua Lake Model • A preferred alternative mechanism to employ, direct and administer a coordinated and strategic Watershed Inspection Program • Will retain the Watershed Inspection Committee Structure
• February 2011, the Owasco Lake Watershed Management Council, Inc., incorporated as a not-for-profit development corporation under Section 1411 of NYS Not-for-Profit Corporation Law: • Initial Directors and Founding Members are appointed: • City of Auburn: ex-officio, voting Member (Mayor or Member of Council); • Town of Owasco: ex-officio, voting Member (Supervisor) • Cayuga County: ex-officio, voting Member (Chair of Legislature or Legislator Designee)
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Establishment of Owasco Lake Watershed Management Council, Inc. in 2011 • March 2011 – First Organizational Meeting of OWLMC: • Corporate Bylaws Ratified & Adopted • Public Authorities Law Compliance Policies Adopted • • • •
Subject to Open Meetings Law & FOIL Requirements Subject to Public Authorities Accountability Act and Provisions May Operate as an Employer and not subject to Civil Service requirements May own Land, Assets & Other Real Property
• As newly formed Corporation, was not yet prepared to assume full responsibilities of administering and employing the Watershed Inspectors • County SWCD agrees to continue in this role under the 4-Party Agreement until the Management Council is prepared for the transition • 2016 – Official IRS Designation as a 501(c)3 is submitted and finalized
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ORGANIZATIONAL STRUCTURE - OLWMC
7-member Board of Directors
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MEMBERS & DIRECTORS AUTHORITY, ROLES & RESPONSIBILITIES
• FOUNDING & CURRENT EX-OFFICIO, VOTING MEMBERS ARE AUBURN, OWASCO & CAYUGA COUNTY • THESE ARE THE ONLY REPRESENTATIVES THAT ARE BOTH CORPORATION MEMBERS AND DIRECTORS ON THE BOARD OF DIRECTORS • THE BALANCE OF BOARD REPRESENTATIVES ARE ONLY DIRECTORS • MEMBERS HAVE DIFFERENT ROLES & AUTHORITIES THAN DIRECTORS: • Only MEMBERS can amend, repeal or adopt Corporate Bylaws; • Only MEMBERS can appoint new Directors to the Board of Directors of the Corporation; • The MEMBERS make up the Watershed Inspection Committee – a Standing Committee, supported by non-voting, technical advisors; • The MEMBERS have exclusive power to negotiate contracts and agreements related to the Owasco Lake Watershed Inspection Program. This was built into the Bylaws from the start.
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BOARD DIRECTORS AUTHORITY, ROLES & RESPONSIBILITIES
• CURRENT BOARD OF DIRECTORS HAS SEVEN (7) MUNICIPALITIES: AUBURN | OWASCO | COUNTY | FLEMING | LOCKE | NILES | SCIPIO • Responsible for “day-to-day” management of the Corporation and establishing all general policies governing its operations • Minimum number for BOD is three (3); Maximum is twenty-one (21) • Any increase in size of Board requires approval of the Members • All Directors serve at the pleasure of the Members; exceptions are the Initial Members who are permanent, ex-office Members / Directors • Board Officers include Chair; Vice-Chair, Treasurer and Secretary • Chair shall have the power to sign minutes, contracts, certificates and other documents for the conduct of Corporate business and affairs – as authorized by action of the Board of Directors
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BOARD DIRECTORS AUTHORITY, ROLES & RESPONSIBILITIES
• Corporation and Board of Directors is subject to Open Meetings Law and to Freedom of Information Law as set forth in Article 6 of Public Officers Law • Bylaws may be amended, repealed or adopted only by a majority of the Members, whose actions at all times shall supersede actions of Directors • The Corporation may from time to time appoint and/or employ a Watershed Resource Manager, who shall report directly to the Watershed Inspection Committee • The Corporation may also from time to time appoint and/or employ Watershed Inspectors that shall report directly to the Water Resource Manager • OLWMC Transition Proposal includes promoting the Watershed Specialist to the title of Executive Director and Water Resource Manager
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WATERSHED INSPECTION COMMITTEE OWASCO MEMBER
AUBURN MEMBER
COUNTY MEMBER
WATER RESOURCE MANAGER
STRATEGIC COORDINATION & TECHNICAL INPUT FROM RESEARCH PARTNERS & AGENCIES
WATERSHED Inspection Team
Technical Advisor-Owasco
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Technical Advisor-Auburn
Technical Advisor-County
WATERSHED INSPECTION COMMITEE • Will meet at least two times per month with Executive Director / Water Resource Manager, as oversight committee to the Watershed Inspection Program • Also attends the monthly Board of Directors meeting as Member/Directors • Report of the WIC is a standing agenda item on monthly Board of Directors meetings
• Will also schedule additional meetings, as needed, following a successful transition • Watershed Inspection Committee, coupled with Committee technical advisors, the OLWMC technical advisors and our research partners/agencies ensures strategic oversight of the Watershed Inspection Program and promotes a strong, collaborative approach to Watershed Management under the proposed Executive Director / Water Resource Manager.
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CURRENT INSPECTION PROGRAM STRUCTURED UNDER THE CURRENT 4-PARTY AGREEMENT 4-PARTY AGREEMENT FOR WATERSHED INSPECTION PROGRAM
COUNTY
AUBURN
SWCD [EMPLOYER]
OLWMC INSP. COMM. WATERSHED INSPECTORS [EMPLOYEES] TWO (2) FT INSPECTORS ~TWO (2) SEASONAL
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OWASCO
WATER-USER FEES SUPPORTING WIP OPERATIONS 2016 through 2018 2016
2017
2018
$116,000
$142,000
$167,000
• AUBURN • $105,000 • OWASCO • $11,000
• AUBURN • $125,000 • OWASCO • $17,000
• AUBURN • $150,000 • OWASCO • $17,000
• Other Funding Sources Provide Additional Program/Operations Funding • Can and Does Change from Year-to-Year 32
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CURRENT INSPECTION & ENFORCEMENT Inspection & Enforcement; Related but Separate…
INSPECTION ACTIVITIES: WATERSHED INSPECTORS
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ENFORCEMENT ACTIVITIES: COUNTY BOARD OF HEALTH COUNTY COURT IF NEEDED
INSPECTIONS | VIOLATIONS | ENFORCEMENT Inspector Cites a Violation: With Compliance, Process Ends Here. If No Compliance / Correction > THEN Violation Referred to County Board of Health: With Compliance, Process Ends Here. If No Compliance, THEN Violation Referred to Cayuga County Courts; Can Mandate Compliance via Court Order THIS IS THE CURRENT PROCESS. THE PROCESS WILL NOT CHANGE WITH TRANSITION TO OLWMC. 34
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CHALLENGES UNDER THE CURRENT STRUCTURE • Program & Inspection Autonomy: Challenge of Serving Two Bosses… • WIC of OLWMC is positioned to direct and oversee the Watershed Inspection Program • The Inspectors are Employees of the Cayuga County SWCD • Ongoing direction and control of the WIP by the WIC Members, in coordination with the Watershed Inspectors and Technical Advisors, is both structurally and practically diminished • As Employer subject to Civil Service regulations, the SWCD is prohibited from sharing periodic employee evaluations with the WIC, resulting in the WIC having no role in evaluating the WIP staff they have been established to direct.
• The opportunity to establish a high profile and clear community identity for the Watershed Inspection Program, with direct ties to its primary function of protection of Owasco Lake and its Watershed as a public water source, cannot be maximized under the current structure
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PROPOSED WATERSHED INSPECTION PROGRAM STRUCTURE A New 4-Party Agreement with One Change:
COUNTY
OLWMC
AUBURN
[EMPLOYER]
OLWMC INSP. COMM. WATERSHED INSPECTORS [EMPLOYEES] TWO (2) FT INSPECTORS ~TWO (2) SEASONAL
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OWASCO
Proposed WIP Budget Adjustments • REVENUE:
• Overall Program Operations Budget from User Fees Stays the Same: $167,000 • EXPENSE:
• Allocations within the Operations Budget do change with proposed transition: • Increase in Salary for Watershed Inspector with promotion to Executive Director/Water Resource Manager: +$7K w/ benefits • Increase in Mileage Expense in anticipation of increased field inspections: +$2K • Net Increase in Office Administration Costs: +$3.8K
• One-Time Transition Costs – Year 1 • Employee Handbook: +2.5K • Estimated Legal Services for Transition: +$1.2K
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PROS & CONS OF PROPOSED STRUCTURE • CHALLENGES – THE CONS: • Change is always difficult; there will be a transition and adjustment phase
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PROS & CONS OF PROPOSED STRUCTURE • OPPORTUNITIES AND GROWTH – THE PROS: • Program Partners / Parties have expressed support for transition: Town of Owasco, Cayuga County, Cayuga County SWCD Board of Directors, the OLWMC Board of Directors and the Owasco Watershed Lake Association (OWLA) • Solidifies Employer and WIC Structure under a Single, Coordinated Entity • Watershed Specialist Position transition to Executive Director / Water Resource Mgr. • Expanded Grant Opportunities under NFP Structure while maintaining access to grants prepared for and/or by WIP Municipal Partners (e.g. grant pass-thru) • Watershed Offices within the Watershed – Closer to the Field and the Public • Re-branding of the Watershed Inspection Program – full focus on Owasco Lake and Water Resource Protection • Continued collaboration and coordination with all partners, including CC SWCD
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Transition Timeline with City Support • OLWMC has already worked to establish administrative support structure through outside vendors – need signal of City support to fully engage in transition • Cayuga County Soil & Water Conservation District Board has agreed to continue administration up to Six Months after transition decision is made • SWCD also willing to transition earlier if requested.
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OWASCO LAKE & WATERSHED • PROTECTION OF LAKE AND WATERSHED IS OUR SHARED RESPONSIBILITY AS STEWARDS OF THE RESOURCE FOR THE FUTURE • PROPOSED WIP STRUCTURE WAS ENVISIONED FROM THE START • SOLIDIFIES EMPLOYER AND WIC STRUCTURE UNDER A SINGLE, COORDINATED ENTITY WHOSE SOLE PURPOSE AND MISSION IS PROTECTION OF OWASCO LAKE AND ITS WATERSHED • ELEVATES WATERSHED SPECIALIST TO EXECUTIVE DIRECTOR / WATER RESOURCE MANAGER • COLLABORATION AND COORDINATION WITH PROGRAM PARTNERS WILL CONTINUE
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