A Regular meeting of the Town of Tusten was held on July 14th, 2008 at 7:00 P.M. at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilman Eileen Falk
Councilman Lewis Meckle
Councilman Wingert
ABSENT Councilman Dowling
OTHERS PRESENT: Kathy Michell, Town Clerk; Mr. David Sparling, Code Enforcement Officer; Mr. George Kinch, Highway Superintendent; Scott Birney, Water and Sewer Superintendent; David Sager, Sullivan County Legislator; Mr. Edwin Jackson, Planning Board Chairman; Mrs. Debra Wasylyk, Highway Clerk; Mr. Charlie Wieland, UDC Representative; Mr. Tony Ritter, Zoning Board Chairman; Mrs. Barbara Buckman, Deputy Supervisor; Fritz Mayer of the River Reporter; Susan Hallock of the Sullivan County Democrat and approximately 25 members of the general public.
Supervisor Johnson called the meeting to order at 7:04 pm with the pledge to the flag.
RESOLUTION #87-08
ACCEPT MINUTES AS PRESENTED
On motion of Councilman Wingert, seconded by Supervisor Johnson the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the minutes of the regular May 12th, 2008, Recessed June 2nd and Regular June 9th, 2008 Town Board meetings be accepted as presented.
Supervisor Johnson read the expenditures report. Councilmen Meckle and Dowling had reviewed the bills and had no questions. Three additional bills were approved for payment; $50 for PERB, $208 for an air conditioner and $628 for Quickbooks.
RESOLUTION #88-08
PAYMENT OF BILLS
On motion of Supervisor Johnson, seconded by Councilman Falk the following resolution was
ADOPTED AYES 4 NAYES 0
RESOLVED that the bills be paid in the following amounts as presented and the three late bills listed above:
General Account $ 40,931.29
Highway Account $ 127,022.24
Water Account $ 18,991.72
Sewer Account $ 12,601.47
Lighting Account $ 1,037.00
Total $ 200,583.72
Water & Sewer Financial Report
Water $ 0 Service $ 150.00 Penalties $ 0 Total $ 150.00
Sewer $ 60.55 Service $ 150.00 Penalties $ 0 Total $ 210.55
TOTAL COLLECTED: $ 360.55
CORRESPONDENCE
HIGHWAY REPORT
REPORT FOR JUNE 10, 2008 TO JULY 11, 2008
WE HAVE SEALED OUR ROADS THAT WE PAVED THIS YEAR
WE HAD INTENDED TO SEAL AN ADDITIONAL 3 MILES OF ROADS BUT DUE TO THE VERY HIGH COSTS OF OIL WE HAVE CANCELED THAT FOR NOW.
WE HELPED DELAWARE AND HIGHLAND , DELAWARE AND HIGHLAND HELPED US
MOWING RIGHT OF WAYS,
COUPLE OF STORMS OVER THE LAST MONTH, HAD TO DO SOME TREE CLEAN UP
THURSDAY 7-10-08 PICKED UP THE TWO NEW TRUCKS AND DELIVERED TO NEWBURG, SHOULD BE HERE IN APPROX. 10 DAYS.
LOANED THE STATE THE D-7 DOZER IN RETURN THEY GAVE US 500 TON OF MILLINGS.
ROADS:
COCHECTON TURNPIKE: MOWED RIGHT OF WAYS, PATCHED USED 120 TON OF CRUSHER RUN. MOWED THE RIGHT OF WAYS ( PAVED END)
DEEP HOLLOW ROAD: MOWED RIGHT OF WAYS
MAHL’S POND: MOWED RIGHT OF WAYS, PATCHED USED 70 TN OF CRUSHER RUN.
IRISH HILL: SWEPT AND SEALED,
HICKORY: SWEPT AND SEALED
OAK: SWEPT AND SEALED
ENGLEMAN: SWEPT AND SEALED
HILLTOP: SWEPT AND SEALED
HINKLEY: SWEPT AND SEALED
CACKLETOWN: SWEPT AND SEALED
BUDDENHAGEN: SWEPT AND SEALED
WEBER: SWEPT AND SEALED
GRASSY SWAMP: RIVER SIDE, GRADED, YORK RAKED, USED 50 TON OF CR. RUN,
7-10-08 RIVERSIDE INSTALLED (1) 12” X 20’ PIPE JUST ABOVE COOKIES HOUSE.
FRANCIS DRIVE: GRADED, USED 20 TON OF GRUSHER RUN REPAIRED THE ENTRANCE OFF OF ROUTE 97, YORK RAKED AND ROLLED, MOWD RIGHT OF WAYS
GABLES ROAD: MOWED RIGHT OF WAYS
PARKER ROAD: MOWED RIGHT OF WAYS. 7/9/08 COLD PATCHED
IRISH TOWN ROAD: WORKED ON GRAVEL SIDE. MOWED RIGHT OF WAYS
SMITH HUGHES: YORK RAKED
DEEP HOLLOW ROAD: YORK RAKED,
NOBER STRUNK : PATCHED
HUMPHREY : CLEANED UP TREE LIMB
DEMAURO : PATHED AND TRIMMED SOME LIMBS
HANKINS: DITCHING , MOWED RIGHT OF WAYS
LAKE RIDGE : PATCHED WITH 20 TON OF CRUSHER RUN
KIRK ROAD: 7/9/08 COLD PATCHED
CRAWFORD ROAD: MOWED RIGHT OF WAYS
LUXTON LAKE: 7/9/08 COLD PATCHED
A-ROAD: MOWED RIGHT OF WAYS
LACKAWAXEN: MOWED RIGHT OF WAYS
LAKE RIDGE: MOWED RIGHT OF WAYS
BROOK : MOWED RIGHT OF WAYS
MATHIAS WEIDEN: MOWED RIGHT OF WAYS
MISC: INSTALLED A 8” X 30’ PIPE BY WHERE THE SCHOOL BUSSES PARK
EQUIPMENT:
MOWER: CHANGED KNIFES
BROOM: INSTALLED NEW BRISTLES
HANKINS ROAD: INSTALLED (1) 15” X 30’ PIPE, INSTALLING 8” DRAIN IN DITCH FOR DRAIN, SO FAR USED 180’ OF PIPE, AND 60 TON OF #8, 50 TON OF LIGHT STONE FILL AND 80 TON OF HEAVY STONE
REPAIRED MOWER FOR JOHN DEERE
RAYGO ROLLER: SEAN REPAIRED
WOODS MOWER: INSTALLED A NEW SEAL, THAT ONE WENT BAD, INSTALLED A SECOND NEW ONE. 6-23-08 INSTALLED SECOND SEAL
SIDE MOWER: INSTALLED NEW PULLEY’S
GRADER: PULLEY BROKE ON WATER PUMP, GREASED 6-25-08, 6-24-08 SEAN INSTALLED NEW PULLY ON WATER PUMP, 7-2-08 SERVICED BY SEAN
TRUCK #18: 7-8-08 HAD A FLAT FRONT INSIDE TIRE,
TRUCK # 25: 7-8-08 WAS TAKEN TO ARKEL IT WILL NOT START
WATER AND SEWER REPORT
June 10 – July 14, 2008
Completed renovation of Effluent Station on Bridge Street.
Kirk’s Road pump station panel has arrived with some deficiencies.
Collected and mailed annual water sampling to testing labs.
Read meters and distributed bills.
Rebuild failed chlorinator at Well#3.
Responded to extended power outage, ordered emergency fuel.
Identified potential leak at Bridge and main Street intersection.
Met with consumers regarding potential leaks identified during meter reads by new meters.
Attended Gas drilling seminar at Cooperative Extension- NYSDEC keynote speaker.
Performed maintenance on sewer beds.
Repaired leak on Route 97 service that fed D’Amato and Dexter residences.
CODE ENFORCEMENT/ BUILDING INSPECTOR REPORT
June 2008
FEMA Inspections – 0
Regular Inspections – 15
Certificate of Occupancy – 1
Certificate of Compliance – 1
Building Permits – 8
New Homes - 0
Camping – 3
Burn Permits - 2
Septic Permits – 1
Logging Permits - 0
C/O and violation search – 3
Permit Renewals - 0
Stop Work – 0
Operating without CofO - 0
Flood Plain Permit – 0
Dangerous and Unsafe Building Declaration – 0
Violations - 2
Monies collected by this office from June 1, 2008 to June 30, 2008 were $1,245.80.
Respectfully,
David W Sparling
ASSESSORS REPORT
No report.
UDC REPORT
Charlie Wieland reported that they are gathering information on drilling. He was asked by the Council if Tusten had a moratorium and he told the UDC that he didn’t think so. They have work plans for the committees and the Council. They are getting information together for the end of year (September) for the NPS grant of $300,000. Charlie also said that the “DEC is taking the reins on gas drilling”.
Supervisor Johnson said that the court would like to apply for a Justice court Assistance Program (JCAP) grant.
NEW BUSINESS
RESOLUTION #89-08
AUTHORIZE SUPERVISOR TO APPLY FOR JCAP GRANT
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Supervisor be authorized to apply for a Justice Court Assistance Program (JCAP) grant up to the maximum amount available.
OLD BUSINESS
Melva Jackman asked to present information to the Board regarding her driveway application. The Board had previously asked for the proposed driveway and property lines to be surveyed, flagged and pinned. The property is now flagged and the Town is waiting for a letter from the engineer with his seal stating that the property was marked in accordance with certified maps. The letter which was presented did not have the engineer’s seal or certification. It was suggested that another map be made with the seal. Melva Jackman said that her meeting with the Supervisor prior to the meeting clarified a lot of things. She asked the Board if they had any additional questions. No other questions were asked.
NEW BUSINESS
RESOLUTION 90-08
AUTHORIZE THE BOOKKEEPER TO MAKE THE FOLLOWING TRANSFERS IN THE HIGHWAY BUDGET.
On motion of Councilman Falk, seconded by Supervisor Johnson, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the Bookkeeper be authorized to increase DA51104 by $62,316.26 and increase DA51122 by $26,663.96. The Bookkeeper is also authorized to decrease DA51204 by $9000; DA51304 by $30,000; DA51305 by $5000; DA51404 by $5000; DA51424 by $12,881.07; DA90108 by $19,099.15 and DA90308 by $8000.
Dottie McCormick has been acting as Secretary to the Zoning Board of Appeals. Supervisor Johnson asked the Board if they want to appoint her as secretary. This was tabled until the next meeting. Supervisor Johnson will discuss the position with the Assessor.
The date of July 28th, 2008 at 7:00 pm was set for a Special Meeting for a public session on the proposed Department of Public Works. The meeting will be advertised by the Town Clerk. A recessed meeting of the July 14th meeting will be held on Tuesday, July 22nd, 2008 at 7:00pm to discuss gas drilling.
Supervisor Johnson will e-mail calendars to all employees and board members to be used for calculating NYS Retirement System schedules.
At 7:50 pm Supervisor Johnson opened the floor to public comment while waiting for the attorney for the town who was asked to attend at 8:00pm.
Vera Williams asked what the Town has done so far on the drilling issue, since there is no moratorium yet. Supervisor Johnson answered that the Board has been researching and discussing drilling and a moratorium. Jason Simons asked who Charlie Wieland is. He is the UDC Representative. Fritz Mayer asked about the meeting at the government center, how fast the DEC would be issuing permits. There are none issued yet and 3 applications pending in Delaware County so far. Supervisor Johnson pointed out that the two things the towns can do are 1) raise assessments on properties with leases since they are commercial and 2) address infrastructure issues. An attendee asked if the residents can vote on a moratorium. They can not. Lilly Packer asked if courts can overturn a moratorium. If the board imposes one, it can be overturned and the board held liable, if someone can prove that the town has created a financial hardship (i.e. if someone has a lease). Barry Becker asked if a lease could be negotiated during a moratorium. It can, since the Town cannot infringe on the rights of property owners to sign leases. Councilman Falk said that a moratorium could buy time. Lilly Packer said that her neighbor has stated that he will sign a lease. She wants to know what rights she has and how does she protect her land, water and wildlife. The Town is asking the legislature for some of their Home Rule back to give them more say in what happens. Supervisor Johnson replied to her, “I don’t know how you are going to protect your property. Will it depreciate your property? Yes. And the assessment should be changed to reflect that.”
At 8:00pm, Attorney Clemente arrived. At this point supervisor Johnson read a letter to Aileen Gunther from the Sullivan County Supervisors’ Association and the proposed Resolution. Merce Williams asked if the town knows how many leases there are. There is no obligation for the property owners to disclose the information.
At 8:10 pm Andy Arias from Cooper & Niemann arrived to present the Financial Statement Audit to the Board. He distributed copies of power point slides to the members and highlighted the comments. The Town is in good financial shape; he would like to see the highway fund balance a little higher, noted that the Town has not implemented GASB 34 which is not required at this time and said to address the comments of the Management Letter.
Returning to the drilling issue, Supervisor Johnson noted that one of the concerns is the open pits for hazardous liquid wastes. This is addressed by steel tanks in the resolution. Attorney Clemente recommends that the Board adopt the Resolution; he thinks it is excellent. Loss of Home Rule and Zoning and Planning are some of the things the Board wants to address under the Environmental Conservation Law. Ed Jackson, who has attended numerous gas drilling meetings, commented that the DEC Deputy Commissioner said they would give the Town a copy after the permit application is filed before issuing the permit. But the DEC is not leaning toward requiring steel tanks, they like open pits. Ed Packer mentioned the road issues. He lives near a road crossing of the Millennium Pipeline and has seen the damage even those vehicles can do. He also mentioned the chemical and health issues. Sue Hallock said Highland has adopted a moratorium and is now putting together a task force. Barry Becker asked if all the Towns were getting together to form a task force. Supervisor Johnson replied that the towns are banding together on issues that they can change. The DEC bill which takes away some of the Home Rule passed the Assembly by 100 to 7. The Resolution being proposed is to ask to restore some of the Home Rule. Merce Williams said that Tusten has an obligation to protect its people. Supervisor Johnson replied that the Town also has to protect the rights of people that want to sell and that they can only address the issues which they are legally able to. Marion Santomenna is concerned with the horizontal drilling because they can go so much farther. Fritz Mayer asked about the road study; it was started last Friday as a group effort by the towns. Supervisor Johnson stressed that the towns have no control over many of the issues. In 2005 the companies were given exemptions from the Clean Air Act, Clean Water Act, Safe Drinking Water Act, and Freedom of Information Law. The exemptions are being challenged and the best thing that the Town can do is to try to get more Home Rule back.
Councilman Falk asked if the Feds would protect the river. Supervisor Johnson replied that they are the ones who gave the laws away. Susan Sullivan said she wrote a letter complimenting the Board for addressing the many questions. She said we all care about the environment and our selves. She also stated that she is in favor of a 6 month moratorium. Supervisor Johnson said he is not prepared to do that tonight. He wants to have Dr. Pammer involved next week. He also stressed that residents need to contact their legislators asking for the law to be changed to restore Home rule to the towns. Lilly Packer said that she was told by TMR director, Madsen, that they are considering signing a lease. Supervisor Johnson pointed out that the alumni association has a lot of say regarding the Boy Scout property. Vera Williams said that the resolution was well done however, she did not detect any urgency in the letter. Marion Santomenna asked if the moratorium attorney had been contacted by Jeffrey Clemente. Jerry Lerner asked if the Town would know when someone signs a lease. It is recorded at the County Clerk’s office. Ed Jackson said that he has started a dialogue with Rifle, CO, who has been able to win back some of their home rule after 3 years. They had to deal with similar issues to those facing Tusten. Councilman Wingert asked if the Town could require a performance bond on a lease. The Town can not. The DEC requires performance bonds when they issue a permit.
Jeffrey Clemente said that “emotionally, the moratorium is satisfying”, but the oil and gas companies have large budgets and are serious about this. They would say “so what”; the Town would have to go to court for each one and the judge would throw the case out. Ed Jackson pointed out that there are 19 people in the mining division of the DEC. The drilling process is so new that there is no 10 year, or even shorter, data to compare. Chris Holden asked if there was any more information on how they will tie in to the pipeline; ROWs, what about eminent domain. Supervisor Johnson asked the Board if there was any more discussion on the resolution.
RESOLUTION #91-08
ADOPT RESOLUTION ON GAS DRILLING AS WRITTEN
On motion of Supervisor Johnson, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED that the following resolution be adopted as presented and sent to the parties listed therein:
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TUSTEN ADOPTING A NEW ARTICLE ENTITLED “ADDRESSING ROAD IMPACTS RELATIVE TO NATURAL GAS EXPLORATION, DEVELOPMENT, AND PRODUCTION OF MINERAL, OIL, AND GAS RESOURCES; REQUESTING HOMERULE AUTHORITY FROM THE STATE OF NEW YORK ON IMPLEMENTING ROAD ASSESSMENT FEES, PERFORMANCE BONDS, AND REQUIRING STEEL TANK STORAGE OF FRACING MATERIAL PER WELL SITE TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE TOWN.”
WHEREAS, the Town of Tusten is located in Marcellus Shale Field Basin; and
WHEREAS, the Marcellus Shale is a deep, fine grained sedimentary rock deposited by a shallow sea and that such Shale is a porous rock that contains hydrocarbons but has practically no permeability; and
WHEREAS, due to technological advances and energy related issues, the exploration and production of natural gas in the Marcellus Shale Gas Field has become economically feasible in the recent past; and
WHEREAS, oil and natural gas operations include the clearing and leveling of a site, the construction of access roads, potential digging of reserve pits and impacts upon the water supply; and
WHEREAS, well stimulation, which is the process of creating or enlarging existing pores to allow gas to more readily reach the producing well, and hydraulic fracturing (“fracing”), associated therewith, includes the use of a fracturing fluid, high pressure, and proponents such as sand; and
WHEREAS, drilling and fracing usually involves the use of heavy equipment, including large trucks and related equipment, and often excessive amounts of noise, light, and potential damage to public roads and streets; and
WHEREAS, oil and natural gas exploration and operations are exempt from the Federal Clean Air Act, Federal Clean Water Act, Safe Drinking Water Act (SDWA) and exempt from local planning and zoning review under the NYS Environmental Conservation Law, Section New York Environmental Conservation Law (ECL) Section 23-0303; and
WHEREAS, the Environmental Conservation Law, Section New York Environmental Conservation Law (ECL) Section 23-0303, preempts towns from regulating land use of Gas and Oil Mining in NYS except over local roads or the rights of local governments under the real property tax law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF TUSTEN APPROVES THAT ACTION MUST TAKEN TO ADDRESS IMPACTS OF THE HEALTH, SAFETY, AND WELFARE TO THE TOWN:
BE IT FURTHER RESOLVED, that the Town will engage in a road assessment study of impacts related to heavy truck traffic with the assistance of the Sullivan County Division of Planning and Environmental Management; and
BE IT FURTHER RESOLVED that because gas companies are privileged to be exempt from federal clean air and water acts, federal safe drinking act, and further exempt from local review that a road assessment study will focus on truck traffic related to gas operations as specified under Section New York Environmental Conservation Law (ECL) Section 23-0303 ; and
BE IT FURTHER RESOLVED that as the Town pursues a road assessment study in preparation for potential gas drilling that the Town, in conjunction with the Supervisors Association, requests our NYS Assembly and Senate representatives to offer legislation, and/or sponsor a local law, to allow the Town more Home Rule discretion in implementing the results of the road assessment study to collect impact fees, performance bonds prior to the DEC issuing a permit to gas drilling companies; and
BE IT FURTHER RESOLVED that additional Home Rule authority is necessary to ensure that the tax burden is not increased or passed on to the residents of the Town due to impacts of the gas industry as it relates to impacts on infrastructure; and
BE IT FURTHER RESOLVED that additional Home Rule authority is necessary to require that fracing material be stored in steel tanks per well site to insure the health, safety, and welfare of town residents from flooding and natural disasters which are becoming more frequent in Sullivan County; and
BE IT FURTHER RESOLVED that the certified copy of this resolution be filed with the New York State Department of State, Office of the Assembly, Office of the NYS Senate, and the Governor’s Office to convey that necessary action is needed to update New York Environmental Conservation Law (ECL) Section 23-0303 to allow for more local influence in protecting the health, safety, and welfare of town residents.
Councilman Wingert asked about the status of tax exempt properties if they sign a lease. They will violate the forest exemption acts and will be hit with back taxes. These are often figured into the leases and paid by the gas companies. The land is also put back on the tax roll since it becomes commercial. According to the IRS law, an organizational that exceeds a certain percent of revenue will lose its tax exempt status and become a for-profit organization. Councilman Wingert suggested that people write not only to their legislators, but to camps, not-for-profits and landowners informing them of some of the issues. Supervisor Johnson said that the BSA property is very important to Tusten. If the 12,000 acres were sold and developed it would change the demography of the Town and we would not be able to afford to live in Sullivan County.
Supervisor Johnson explained that the companies need a minimum of 40 acres, which can be comprised of several peoples’ property. If 60% of the property in a “unit” is currently being leased, the DEC can force the other 40% to go with it through “compulsory integration”.
Another topic for discussion was Paper Roads, which have some right-of-ways and easements on them. If the Town wants to turn the roads over to the residents whose property they transect, a title search must be done. A question came up about who should pay for the title search. Attorney Clemente said “whoever wants it done”. Vera Williams asked if there are maps of the paper roads. They are shown on the tax roll. Jeff said that he will look at the survey maps.
RESOLUTION #92-08
AUTHORIZE ATTORNEY FOR THE TOWN TO PERFORM TITLE SEARCH
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED: that the Board authorize the Attorney for the Town to perform a title search on a paper road that adjoins the Zaccagnino property if he deems it necessary.
RESOLUTION #93-08
RECESS MEETING TO JULY 22ND , 2008
On motion of Supervisor Johnson, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 4 NAYS 0
RESOLVED: there being no other Board or public comment, on a motion of Supervisor Johnson, seconded by Councilman Wingert, the meeting was recessed at 9:37pm to July 22nd, 2008 at 7:00 pm.
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk
A Recessed meeting of the Town of Tusten was held on July 22nd ,2008 at 7:00 P.M. at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilman Eileen Falk
Councilman Wingert
Councilman Dowling
Councilman Lewis Meckle
OTHERS PRESENT: Mrs. Kathy Michell, Town Clerk; Mr. George Kinch, Highway Superintendent; Mr. Edwin Jackson, Planning Board Chairman; Mrs. Debra Wasylyk, Highway Clerk; Tony Ritter, Zoning Board Chairman; Dr. William Pammer, Director of Sullivan County Department of Planning; Mrs. Barbara Buckman, Deputy Supervisor; Susan Hallock, Sullivan County Democrat; Fritz Mayer, The River Reporter and approximately 14 members of the public.
Supervisor Johnson called the meeting to order at 7:10 pm.
RESOLUTION #94-08
ACCEPT 2007 AUDIT AS PRESENTED BY COOPER AND NIEMANN & CO., CPA
On motion of Supervisor Johnson, seconded by Councilman Dowling, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Town Board accept the 2007 Financial Statement Audit by Cooper and Niemann & Co., CPA as presented.
RESOLUTION #95-08
APPROVE PAYMENT OF $3600 FOR TELESCOPE
On motion of Councilman Falk, seconded by Councilman Meckle, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Town Board approve payment of $3600 for the telescope purchased for the Main Street observation deck. This purchase will be funded by a grant.
RESOLUTION #96-08
APPROVE PAYMENT FOR SUPERVISOR JOHNSON AND ED JACKSON TO ATTEND NATURAL GAS SYMPOSIUM
On motion of Councilman Wingert, seconded by Councilman Falk, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Town Board approve payment of the $120 registration fees for Supervisor Johnson and Ed Jackson to attend an all day natural gas symposium on August 12th, 2008.
At this point in the meeting (7:15p) Supervisor Johnson gave Dr. Pammer the floor, who started his presentation with a brief history of the Environmental Conservation Law (ECL). Section 23 of the ECL was written in 1963 to address gas drilling in New York when most was done in the southern tier with shallow vertical wells. The state pre-empted localities of any control through zoning and planning over drilling which was thought to be limited to one area. Now that the Marcellus shale formation is more accessible due to the changes in technology, the existing law is outdated and should be changed. The regulation should not be left solely to the DEC, who is being guided by the high tech industry since it is a new field in which they have no experience. Currently the DEC, not the towns, reviews and issues permits regardless of the zoning. Section 23 allows towns control over roads and real property tax issues, such as commercial assessments.
Technically there is no control over the drilling. Passage of a moratorium sends a message to Albany asking for more control. The Association of Towns issued a letter to the governor imploring him not to sign the bill which expedites the permit process and allows for horizontal drilling, decreased set backs and creates statewide spacing units of 40 acres. Citizens group have been calling the governor also, who has until tomorrow to sign the bill. The towns of Sullivan County have taken the lead in trying to get the law changed to restore some of the Home Rule. The DEC was the author of the fast-moving bill which did not have a full range of disclosure. The Towns have to look at what they can do to minimize the impacts under existing law. Dr Pammer than handed out an 8 point plan to the board members.
Dr. Pammer noted that 5,000,000 gallons of water are used per site, that has to be trucked in and out. He also pointed out that stock reports are starting to target Sullivan and Delaware Counties and that 73 nations are involved. A question arose whether towns could discriminate against the extensive truck traffic of gas companies (as opposed to logging and bluestone trucks). They can because the companies have been given extensive privileges and exemptions from most laws.
When the Millennium Pipeline was being planned, there were two objectives; to move gas from the western part of the state and Canada and also to transport gas from Sullivan and Delaware counties. The pipeline will be finished in November and tested late November. There is a lot of pressure on the governor to sign this gas bill. Dr Pammer finished his background presentation at 7:40pm and addressed questions from the Board.
Councilman Wingert asked about eminent domain and how they would be connecting to the pipeline. Dr. Pammer explained “compulsory integration” where if 60% of the land in a gas unit is leased the other 40% can be taken in by “compulsory integration”. When they hit gas pools, they will explore areas farther to the east (which are farther from the pipeline). In some states the gas companies become utilities and then can use eminent domain to get the land necessary to connect to the pipeline. Councilman Dowling asked when they expect the drilling to start. Dr. Pammer thinks toward the end of 2008, early 2009. Supervisor Johnson said that people will ask if there will a negative impact whether or not the Board imposes a moratorium. Dr. Pammer suggested using the existing zoning committee to work on the above schedule of tasks. He also said that the state assembly and senate are becoming aware of the problems with the DEC law. By taking away Home Rule, the state has assumed more responsibility for the health and safety of its residents. The towns have to get more “creative” about working within the laws that they have to protect their residents. Dr. Pammer handed out an article written in the Times Union that was very informative on the gas drilling issues. Although drilling has been around since the 1800s, this type of drilling is a whole new issue.
At this point in the meeting public comment was addressed. Star Hesse said she has a conservation easement which is supposed to protect the land and what is under it. Dr. Pammer said that is an important issue and questions need to be asked of the senate and assembly to make sure land can be protected. Fritz Mayer asked if eminent domain would be used to get the lateral to the pipeline. Dr. Pammer replied, anything is possible. Lilly Packer asked how the public could find out where leases have been signed. Dr. Pammer replied that there is a computer available at the County Clerk’s office where the recorded leases can be looked up. There is a couple months’ time lag from the time a lease is signed before they are recorded. A gentleman in the audience stated that when a lease is signed there is a primary and secondary term. The up front bonus is to entice people to sign. The primary term may last 6-7 years and the secondary term may be as long as the company wants to use the land for whatever purpose, including storage. Clean-up is also an issue that is negotiable in a lease. The question came up about where they are going to get all the water from. The Delaware River Basin Commission has not made any statements yet. Star Hesse said she would like to hear more about a moratorium. Supervisor Johnson replied that a moratorium sets a limited time for a limited purpose with a specific goal. He also said at this time he felt that it would be a liability. Dr. Pammer added that to impose a moratorium on something over which the Town has no control would be a little “iffy”.
Tony Ritter mentioned the articles in the Times Herald Record re: housing. He asked how many people these companies would be bringing. Dr. Pammer said it will be a function of how quickly the companies come in. Second homeowners will have some concerns. Rentals and homes in the $150,000-200,000 price range will be in demand. Of the three big companies that are stockpiling land, only 15-20% is being drilled. Delaware County has an unbelievable number of leases. The DEC has not issued any permits yet for Sullivan County. Dr. Pammer added that he has not seen the gas companies’ Environmental Impact Statement; it is not on their websites. He urged people to contact the governor to pressure the Dec to find out what the environmental impact will be. Supervisor Johnson also said that everyone should contact the governor and the legislature about their concerns. Norm Meyer said that the best days to contact Aileen Gunther are Thursdays and Fridays.
Other concerns are how secure land conservancies are, real property values when there is drilling on a neighboring property, who has the say regarding the Delaware River (DRBC who has been non-committal), and the status of the NYC reservoirs. Jan London asked how much a tank truck weighs. It is 35,000lbs empty and 80,000lbs loaded. They will make approximately 71 one way trips per site during 30 drilling days and 14 fracing days. The connector lines going to the Millennium pipeline will be much smaller and can be installed with a ditch witch or may be over ground using lift lines. Sue Sullivan asked if anyone has challenged the legality of using unidentified chemicals. The recent hospital case of a nurse pointed out the seriousness. Dr. Pammer asked Brad Field of the DEC and he did not get an answer. How does anyone know where they are taking the hazardous material? In some areas the toxic brine is spread over the town roads. They are supposed to take the waster water to a certified disposal facility. Now many facilities refuse to take it because they cannot handle the volume. A question was asked what the set back for drilling is to the river; it is 350’. How far can they drill horizontally? 4000-5500’. Dr. Pammer has not received an answer to his question about what will be done if a problem is created by the drilling. If an individual signs a lease is he held accountable or harmless? Is the gas company accountable? These are questions that would have to be addressed in the lease.
Dr. Pammer stressed the importance of baseline testing, particularly of the wells and surface waters. That way if anything goes wrong it can be proven. Lilly Packer asked what their responsibility is to their employees as far as what the chemicals are. Another man pointed out that it is considered to be a very dangerous job.
Ed Jackson said that he has attended a lot of meetings and he is seeing red flags going up all over now. The Planning Federation of the State of New York is on top of the situation now. Towns are getting together and making a lot of noise now. Tony Ritter pointed out that the governor has until tomorrow to sign the law which the towns oppose. Dr. Pammer said that the bills passed the senate in March and the assembly in April, before the legislators really knew much about it. It was written by the DEC and fast tracked; the legislators didn’t know what they were voting for. In the past couple months they have become much more informed. Supervisor Johnson said that he would not be surprised if the governor did not sign it.
Supervisor Johnson turned to the Board for any comment. Carol asked where the Town water supply stands. Supervisor Johnson said we have a Wellhead Protection District. Dr. Pammer said that compulsory integration may affect municipal property and that needs to be further researched. Supervisor Johnson asked if there were any thoughts on proceeding with a moratorium or using the Zoning revision committee to work on an impact plan. Councilman Dowling thought that using the existing committee would be a good idea, Councilman Wingert agreed.
RESOLUTION #97-08
AUTHORIZE ZONING COMMITTEE TO COMMENCE GAS DRILLING IMPACT STUDY
On motion of Supervisor Johnson, seconded by Councilman Dowling, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Town Board, through the Supervisor, instruct the Zoning Committee to conduct a gas drilling impact recommendation study; and that the following officials be appointed to the committee, Highway Superintendent and Water and Sewer Superintendent; and be it further resolved that this study should be complete in five months from this date.
RESOLUTION #98-08
AUTHORIZE SUPERVISOR TO APPLY FOR TAG GRANT
On motion of Councilman Dowling, seconded by Councilman Wingert, the following resolution was
ADOPTED – AYES 5 NAYS 0
RESOLVED that the Supervisor be authorized to solicit assistance from other towns and enter into cooperative grant applications with those towns for funding.
Jan London thanked the Board and all the town officials for the work they are doing regarding this gas drilling issue.
There being no further discussion, on a motion of Supervisor Johnson, seconded by Councilman Dowling, the meeting was adjourned at 8:58pm.
Respectfully submitted, __________________________Kathleen Michell, Town Clerk
A Special meeting of the Town of Tusten Town Board was held at 7:00 pm on July 28th, 2008 at the Tusten Town Hall with the following members present:
PRESENT Supervisor Ben Johnson
Councilman Lewis Meckle
Councilman Lisa Dowling
Councilman Eileen Falk (7:18pm)
ABSENT Councilwoman Carol Wingert
OTHERS PRESENT: Kathy Michell, Town Clerk, George Kinch, Highway Superintendent; Scott Birney, Water and Sewer Superintendent; Debra Wasylyk, Highway Clerk; Barbara Buckman, Deputy Supervisor; Tony Ritter, Zoning Board Chairman; Sue Hallock of the Sullivan County Democrat; and Fritz Mayer of the River Reporter.
Supervisor Johnson called the meeting to order at 7:12 pm with the pledge to the flag.
Supervisor Johnson said that the agenda was based on hoping that people from the public would be in attendance to ask questions. Two documents have been drafted to date; one is an outline of the structure of the proposed DPW and the other is the job descriptions for Commissioner and Deputy Commissioner. He will e-mail both documents to all three members of the public present; Tony, Sue and Fritz. The planned cost savings were discussed. One of the bigger savings would be in scheduling. An example would be a snow storm. A savings of $1500 per event could be realized with scheduling that did not have overtime. Another savings would be a reduction in the work force through attrition, such as when someone retires. Supervisor Johnson asked Superintendent Kinch if he could work using 6 people instead of 7. He said that he could. That would be a savings of $50,000/year (which includes the benefits and retirement as well as a salary). The Town has 60.4 miles of highway infrastructure – how much is it worth? It costs $11,000/mile to seal a road. They try to do 4 miles/year. They also blacktop 2 miles/year at the cost of $85,000/mile. It is important to have a maintenance program in place.
This shared services DPW would be different than some that are in place because others are shared services between towns. This would be a sharing between departments. Supervisor Johnson gave the Board a paper with six commonly asked questions. He reviewed them with the Board and then opened the floor for questions and comments.
Fritz Mayer said that George Kinch had expressed some hesitancy initially. Has he “come around” to the idea and is he for it? George said that he is now for the DPW and added “The Town can’t afford to keep going the way it is.” Scott Birney said that they are “both on board, 100% on the same page” and working out the details of cost and savings. It was noted that other towns who oppose a DPW are afraid of the appointed position, not the concept of a DPW. They also don’t have the same infrastructure, like a department of sewer and water. Supervisor Johnson said that as long as they are doing the job well there is no need for the Board to interfere; and that is the case here. Supervisor Johnson said that he, Scott, and George have sat down together many times and worked this out. He said when something good is in place people will ask why you want to change it. Is there a problem? No, there is no problem now, but in the future there could be. Sue Hallock asked about George’s position. It is salary, and has no overtime. Now he will get comp time for overtime hours. Tony Ritter will put the question and answer page, the proposed structure and the job descriptions on the website.
Supervisor Johnson also read a letter which he sent to the DEC re: gas drilling issues. This will be discussed further at the next regular meeting. He also mentioned something that people need to think about regarding the protection of the infrastructure. When the gas grilling starts are we going to want to change highway superintendents every two years?
Supervisor Johnson announced that a grant was applied for through Albany, which has been approved, to purchase an air conditioning system for the downstairs meeting room.
On a motion of Councilman Dowling, seconded by Councilman Meckle, the Special Meeting of the Tusten Town Board was adjourned at 8:05 pm
Respectfully submitted, _________________________________Kathleen Michell, Town Clerk