Month of July...
Town Board meeting 7/14/08 2008
Board members attending: Carol Wingart, Eileen Falk, Ben Johnson, Kathy Michelle (town clerk) Lou Meckle, Barbara Buckman
It was my impression that there was to be a Public Hearing on the passing of a resolution authorizing a 6 month Moratorium on Gas Drilling. About 25 people were there, with most of the public there to offer comment on this topic. The agenda said no public hearing.
Routine business was taken care of per the agenda . When the Upper Delaware Council rep spoke, he said the DEC has the power to regulate drilling, and the Delaware River Basin Commission does not. He is the only person I've heard so far who seems quite happy with the DEC. According to a letter I received from Chris White, Maurice Hinchey's assistant, the DRBC has quite a lot of authority. I did not say anything. The DRBC, as far as I know, is empowered to regulate the amount of water taken from streams and rivers. Hinchey's letter to the DRBC is attached.
Melva Jackson again appealed to the Board to approve her driveway, located at the former Luxton Lake.
A date was set for Dept of Public Works workshop 7/28/08 at 7:00PM. The intent and purpose of the workshop, and who is its intended audience was not explained.
Since the accountant from Cooper Neiman and Jeff Clemente, Town Attorney, were not present as scheduled, the public was allowed to comment on gas drilling. There were many many questions. Serious health concerns were raised. It was mentioned that the Town of Highland has appointed a task force to address impacts of firemen, EMT's, along with road issues, and health issues. Note that Highland has already passed a moratorium. The Town Supervisor said Tusten is not at the point of appointing a Task force. The questions and comments were all about the negative, and sometimes dangerous, effects of the drilling, and what's up with the moratorium? The Town Supervisor reported that there had been an emergency meeting of the Council of Towns, and a letter had been drafted, addressed to Assemblywoman, Aileen Gunther, which requests that home rule powers be restored to the towns in the areas of road impacts, and also requesting that steel tanks be used to contain contaminated water as opposed to the open pits which the DEC is comfortable with. Still we wonder, what about the moratorium.
This discussion was interrupted by the arrival of the accountant, who went through the financial status of the Town, much to the frustration of those who came because of their concern about to drilling. And Jeff Clemente, Town Attorney, also arrived.
The discussion returned to Gas Drilling, and despite many questions about it, the status of the moratorium was still unclear. Clemente said it was just a "feel good thing" and the restoration of home rule authority needed to come before the moratorium, so that the moratorium would have more "teeth". As I write this, I am still confused over how these two things are linked. If I'm wrong about them being connected, I apologize. At any rate, the decision had obviously been made to defer the public hearing on the moratorium until the Council of Towns letter went to the Legislature.
A motion was passed to sign Tusten on to the letter. A recessed Town Board meeting was set for Tues. 7/22/08 at 7:00PM. That means it will be a continuation of this meeting, and a continuation of the discussion on drilling/moratorium. We left as the Board began to discuss the topic of paper roads.
If this is confusing, all I can say is ...it was!
By Major Chaos
Planning Board meeting 7/21/08 2008
The Board consisted of: Michael Eury, Shorty Strumpfler, Ed Jackson, Ken Baim, Ned Lang, Dick Crandall.
Correspondence was read by a different secretary. Where's Amy?
Audience: Gary Packer, surveyer, Jane Luchsinger, Tony Ritter ZBA, Chris and I. There were two people with Gary Packer, who came to discuss the Sklar property, and two people who came to speak to the Board about selling a three acre lot with 200 feet of road frontage.
Ed Jackson updated the Board on the following: Mr. Bloom, formerly interested in the Sklar property, has found property in Orange County, and his fee deposit will be refunded. The Town of Highland did pass a moratorium on gas drilling.... All Town Supervisors in the County signed on to the letter (see Town Board report) addressed to state and federal officials regarding home rule/gas drilling. A copy went to Mayor Bloomberg as well. Ed attending many meetings, and found the DEC officials to be arrogant and stating "nothing will happen (ie no accidents will occur) Ed read correspondence from Rifle Colorado, regarding their horrible experiences with drilling
He reported that the County is very concerned about the impact on bridges.
He announced that the "entranceway to Royal Oaks" will come before the ZBA
(I don't know the background on that)
Ed also said that the latest word on whether or not the Boy Scouts of America will sign gas leases is that they will not, because one of their benefactors threatened to withdraw his millions. Lets hope this is the case.
Two discussions were held:
1. A couple whose name I did not get wanted the Board to approve their 3 acre lot with 200 feet of road frontage, so they could sell it. The Board stated they cannot create a substandard lot (300 feet of road frontage is required)
Lots of back and forth. Impasse. Tony Ritter said an area variance would be required. Ed offered to take their request to the County Planning, but said it likely will not fly.
2. Gary Packer and a prospective buyer for the Sklar Property (Cackletown Road/Rt 97) along with the realtor, discussed the proposed legal access road into the property (which will not include the home with surrounding 14 acres) The Board recommended that Packer draw up plans that include two different road, and let the DEC decide (they are involved due to a stream, wetlands, and rattlesnakes) they will return with a new set of plans.
By Major Chaos
Recessed Town Board Meeting 7/22/08 2008
Board members: Carol Wingart, Eileen Falk, Lisa Dowling, Ben Johnson, Supv. Kathy Michele, Town Clerk, Lew Meckle, Barbara Buckman.
Also Dr. William Pammer, the Director of Sullivan Co Planning attended. After the approval of a few items from the last meeting, Dr. Pammer began the discussion of Gas Drilling. The meeting was organized to address this topic, with Pammer to give overview, the Board to ask questions, the public to ask questions, and the Board to take action. About 20 members of the public including Planning Board and ZBA chairmen were present. It was a well organized, focussed discussion.
Pammer began with a brief history of gas drilling in the State, relating that many years ago, gas drilling was exempted from zoning law to promote drilling. The normal home rule authority was transferred to the DEC. The DEC relies on the gas industry to direct them (opinion? seems to be the case right now) How do towns address the limitations of the current Environmental Conservation Law (ECL) The Town of Highland chose to pass a moratorium of six months.
There was some back and forth between Supv. Johnson and Pammer, and clearly they were on the same page. One of them, referring to a moratorium, said since we can't control it (drilling) the moratorium would not mean much except to show concern to Albany. Reference made to Council of Towns letter to Albany read and discussed, and signed at T.B. meeting July 14.
Pammer then recommended we focus on what we can control; Roads and Real Property Tax. Most of tonights discussion revolved around roads. The mechanism suggested for doing a road assessment, and addressing tax issues was to utilize the present Zoning Committee, which will become a Gas Drilling Impact Task Force. Highway Supt.and Water and Sewer Supt. will be added to the group. The Town Attorney would also be part of the group, and would review existing law on Road Permits.
The Board began questions which included eminent domain from wells to pipeline, compulsory integration ( if 60% of property around you signs leases, you must be part of the deal).
Lots of excellent questions. the meeting lasted two hours.
Back to moratorium vs. Taskforce. Lisa D. asked if the Board could start with the Task Force and then decide in three months, to enact a moratorium. Answer is yes.
Questions from audience included information that the land under a property in conservation easement is also protected, and info on the Delaware Highlands Conservancy was given out by Star Hesse. Other questions; how do we find out who has signed a lease? terms of leases, the role of the DRBC, how does compulsory integration affecct town property.
So the decision was made to go with the Task Force, which will begin its work at the next regular meeting (first Tues of the month), and based on how much home rule authority is restored to the town, and how much more time the Task Force needs, a moratorium could be enacted.
As we now know, the Governor did sign the bill that fast tracks the permitting process. The bill written by the DEC with help from the gas industry.
He promises review, precautions, etc. We will see.
By Major Chaos