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HomeMy WebLinkAbout2015-01-15TB 1-15-15 Page 1 of 13 TOWN OF DRYDEN TOWN BOARD MEETING January 15, 2015 Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Cl Joseph Solomon, Cl Jason Leifer, Cl Linda Lavine Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Mahlon R. Perkins, Town Attorney David Sprout, Code Enforcement Officer Kevin Ezell, Code Enforcement Officer Supv Sumner opened the meeting at 7:05 p.m. and board members and guests participated in the pledge of allegiance. Supv Sumner explained that NYSEG representatives will be addressing the board with respect to the West Dryden Road project, and board members will ask questions. During that part of the agenda questions or comments from the public will not be taken. Residents may make comments and questions about the project during Citizens Privilege and she will try and be sure those questions are addressed. She asked that comments be limited to three minutes. CITIZENS PRIVILEGE Stephen Merwin, 879 West Dryden Road, because they own a ½ mile of frontage on West Dryden Road, they will be affected more than most. He feels like he is getting the shaft by NYSEG. They are proposing to give him $1 to put in a gas line that they will make millions of dollars off of and give him nothing. It feels kind of insulting. They said they will provide service to everybody, but frankly, few on West Dryden Road will gain anything off this pipeline. Few people are within the 100’ of the pipeline that they say will be provided services. Probably no one on the north side is within the 100’. It’s an ugly feeling that they can turn around and sell the easement, probably making millions off of that. Residents get nothing. It seems pretty offensive. There are probably a dozen other reasons it is a stupid thing to do. As a resident , he is not in favor of it. Supv Sumner announced that she had handouts at the door. It is information she believes to be true about the project. There is also a notice of a meeting about alternatives to fossil fuel development. Jim Skaley, 940 Dryden Rd, noted that recently the Town lost its Planning Director. Varna has a project online in the next few years for re-doing the road and providing sidewalks. There is approximately ½ million in federal dollars on the line. It is very important to have a planner involved that is experienced in community development and working on these kinds of projects. Supv Sumner said she agrees. She is now co-chair of the ITCTC Policy Committee and Fernando de’Aragon will help with her with the first few meetings with DOT with respect to that funding. Sue Stein, 983 West Dryden Road, read the attached statement. Cliff Kraft, 983 West Dryden Road, said he just returned from teaching environmental protection policy class in DC. He rented a car to go down there and there was legal document to rent the car and he had to sign many times on pages of materials. When a corporation TB 1-15-15 Page 2 of 13 wants to protect itself, they do so with a legal document that is very sound and solid. Half of the twelve lines on the easement they got from NYSEG tell where they are. He talked with environmental lawyers in Washington, DC and asked who the lawyers for NYSEG and Iberdrola were and was told it was Steptoe and Johnson, and that they have the best lawyers in the country working for them. He was also told that you need specialized lawyers like Steptoe and Johnson to work on eminent domain. The lawyers get $600 per hour, but this is the easement they give us. He thinks they can do better than that. Simon St. Laurent said he’s been away for a year and it seems Dryden keeps losing planners. Jim Skaley pointed out reasons for having planners. He knows there are people in Dryden who are not in favor of having any planners, and he hopes we are beyond that. We are growing, with a lot of issues that need careful sorting. He encourages the board to look for people for that position who are good at listening to the people of the place that they are planning for. Ideally, people who live near here as we haven’t had that for a long time. And people who can connect on more of a level than demonstrating a map and PowerPoint. He said the Town Planning Department has reliably been better than the County Planning Department in his estimation. This is something that needs to be looked at closely. Having a planner in the works would help this issue with NYSEG. Please find someone who can listen to the people, report to the board and make great things happen in Dryden. Supv Sumner said they plan to hire at least one planner in the very near future. In the newly established budget meetings she will ask Ed Marx of Tompkins County Planning to talk about the role of planning in budget development. Tony Ingraffea thanked the board for offering the opportunity to offer factual questions to be asked of NYSEG. He understands there is some reluctance on the part of some members of the board to ask questions of NYSEG that predict the future. Every landowner would want to know exactly what is going under their property. He has a multiple part, very simple questions. Ask NYSEG: o What is the design outer diameter of the pipeline they first intend to install? What is the wall thickness of that pipeline they first intend to install? o What is the specified minimum yield strength of the steel in that pipeline they intend to install? o What is the initial design flow capacity of the first pipeline they intend to install? If they can answer those questions factually, honestly, and clearly, then landowners will know exactly, initially, what is going to go in, but more importantly it would allow people to not predict what NYSEG will do, but to predict what NYSEG could do wit h that pipeline, and with that pipeline alone. Linda Parks, 115 West Dryden Road, has lived at that address for 27 years. Her concerns for the environment have led her to make her ow n energy efficient improvements, including two solar systems. She is not faced with the possibility of a gas pipeline. She believes this installation is counter to the direction that many people in the town and county want us to go. We want to reduce greenhouse gas emissions. If installed, it will have a serious adverse impact on property and quality of life for those in the area. While NYSEG verbally states this is to be a distribution line, the easement as provided allows multiple lines, including transmission lines. It puts no restrictions on the number or size of lines that can be installed. The quality of life and financial impact on their properties is real and significant. The speed limit on West Dryden Road is 55 mph and it is a straight line. Everyday traffic exceeds 70 mph. Many people have significant trees as a buffer from the traffic. Gas pipelines and trees are not compatible. She envisions a wide swath through their yards where they can never have trees. Many have wells, some shallow, that are close to the proposed pipeline. The pipelines may leak and she is concerned about a line next to wells. The easement as written is very TB 1-15-15 Page 3 of 13 unfair to property owners. A copy of her statement was distributed to the board and is attached. Joe Wilson, 75 Hunt Hill Rd, reminded the board that each of them was elected on a ballot line called Protecting Dryden. Many in the audience tonight have advocated for them because they believe in a commitment to protect Dryden and its residents. The easement being proffered to the residents is extraordinarily unfair and one sided. Running on the Protecting Dryden line in this instance seems to connote that the board has a duty to assertively find ways to protect the community and the residents, in particular the residents who face a multi- national corporation called Iberdrola, and NYSEG as one of its subsidiaries. The residents have no bargaining power. It’s already been proved that residents have tendered changes that they think would make the easement more evenhanded and they have been rebuffed. That means that the Town Board has to take a hand in this. He has suggested some questions that will help and he hopes they are asked. He is distressed about the notion that no questions that ask about the future uses of the easement or the future kinds of pipelines will be asked tonight by board members. The easement is permanent and will be attached to the property forever. Because NYSEG has specified it has the right to sell the entire easement or any rights given under it, to third parties without input from residents, the future uses which NYSEG or whoever NYSEG sells to are relevant. For example, if NYSEG chooses to make the current medium pressure line a high pressure line, or to replace the proposed line with one capable of greater volume or higher pressure, then the risk to the property owners’ safety, the resale of the property, the mortgage and whether it is in default, and whether an owner can get homeowners insurance, will all become questions, as they are now. The same is true if NYSEG will not commit tonight to not using the pipeline to repower the Cayuga Power Plant. He read in paper today that one of the members of the board believes that the franchise agreement precludes the town from exercising any authority over the pipeline or the easement. He has read the franchise agreements and applied his experience and expertise and he disagrees. He believes the franchise agreements specifically say that if any kind of NYSEG pipeline or conduit is constructed in private lands, then the town has specific authorities to site the pipeline and to apply its own town law and ordinances. InShik Lee, 879 West Dryden, said she looked at the franchise agreements. In 1933 the town gave the franchise agreement to NYSEG to bring us electricity. In 1951 the town gave NYSEG the rights to bring us gas. In the first paragraph is says “said application and concluded that the grant thereof would be advantageous to the town and its inhabitants”. It also goes on to say “to distribute such gas for lighting, heat or power in the public and private buildings and places within the said Town”. The purpose of this pipeline is not for those ten residents on the south side of West Dryden Road who might get gas by paying whatever amount it costs to get hooked on. The town of Dryden will not get tax revenues for this project. Lansing will forever get tax revenues for all the projects that they will bring to Lansing. So will Iberdrola. They will forever profit from the loss of the owners’ property rights. David Bravo-Cullen, ask the board to ask NYSEG or look into the question of how much tax revenue this is worth to the Town of Dryden. NYSEG On behalf of NYSEG: Robert Pass, Community Outreach & Development; David Bovee, Project Manager; Jennifer Negus, Real Estate Representative. R Pass said they met many of those present at the open house in Freeville. They w ere asked to come tonight to talk about the project and try to address questions and concerns the board may have. Copies of a fact sheet and web site information were distributed. Jennifer Negus has been very involved with the easement activity, and he understands that is a concern TB 1-15-15 Page 4 of 13 of many. Dave Bovee is the project manager and was at the open house in Freeville. They are here to answer questions and concerns. Cl Lavine said she is concerned about the easements. She is approaching this with an open mind and has nothing against minor extensions of gas lines. She believes in local control as the town did in fracking, to support and protect our citizens. Clearly she has heard from many people over several months about the contract for this easement. She asked how it was designed, what were people told, and how many have signed it and how many have refused to sign it. J Negus said NYSEG does easements for course and direction (metes and bounds) and all easements are a one on one negotiation explaining the location with each private property owner. Supv Sumner asked whether any changes have been made in response to an individual’s request and was told they had. J Negus would not give details of any easements, but did state that the location of the easement would not impact any trees. Because the easements ar e treated as confidential by NYSEG, they will not discuss details. Property owners were mailed a map, and J Negus said when she met with them, they went out to the road and were shown where the easement would be. There was discussion about the exact location of the easement. J Negus said in the body of the easement that they were given, the centerline is where the pipe is going to go, at the edge of the road, in the shoulder of the road. That is the centerline of the easement. The easement is 15’ in width, so 7.5’ toward the center of the road, and 7.5’ toward the ditch. Cl Lavine asked about the impact on the surrounding area of a tree that a tree depends on for its existence. J Negus said if a tree is in the shoulder of the road, it may impa ct that tree. Supv Sumner pointed out that the County does not allow trees in highway right of way. Cl Lavine said there is a gray area of where a trees’ roots are that could impact the survival of the tree. Cl Sloan asked how many easements have been signed and J Negus stated easement acquisition is confidential until they are recorded. Cl Sloan said it is important to know this. Cl Lavine asked if she could give a percentage and was told again that it was confidential. They are not recorded yet. Cl Lavine asked if NYSEG is prepared to rescind the current easement and come up with one with more appropriate, specific language. J Negus repeated that all easements are negotiated on a one to one basis. Supv Sumner suggested the negotiation begin with a clearer template and description of the easement. Cl Sloan said the board has listened to people describe negotiation tactics for the easements that were alarming. It was said that the landsmen strongly encouraged property owners to not seek an attorney’s advice, and asked if these were NYSEG employees or contractors. J Negus said she went door to door with a contractor to a majority of the households. They never told anyone not to seek legal advice. Cl Sloan said he understands that people were told that neighbors had already signed when that was not the case. J Negus said she was not aware of that. TB 1-15-15 Page 5 of 13 Cl Sloan said the easement is open ended and perpetual. The rights can be sold to any third party. He asked if there was any intention of modifying those conditions and offering them a different set of rights. J Negus said any acquisition or transfer of a utility is controlled by the State of New York. It would be regulated. Supv Sumner asked whether a different template could be used for those property owners who have not yet signed. J Negus said anything could be modified, but every easement is a one to one negotiation. It is a starting point. Cl Lavine asked if NYSEG expects to be using eminent domain. Dave Bovee said it is an option. It can depend on a single party not signing the easement. Every unsigned easement is an obstacle. D Bovee said they have never actually had to enforce eminent domain on the gas side of this. They haven’t even begun to discuss it as an option at this point. They will continue to seek easements. But they will have to present the facts in the future to the people that he works for and a decision will be made to either move forward or not do the project. Eminent domain could be an option. Supv Sumner said there is a pretty good description of the eminent domain process on the attorney general’s website. Cl Leifer asked what the word transmission means in terms of this easement. D Bovee said at 124 psi they generally never have to use eminent domain. They install thousands of pipelines every year around New York State. 124 psi and below is a distribution line. 125 and above is a transmission. Cl Leifer said the word transmission is used in the easement. D Bovee said this is a standard easement is used on the electric side and on the gas side on all of their projects that require easements. Negotiation depends on the specific homeowner. Supv Sumner said their job would be easier if the project is more accurately described in the easement. Cl Lavine said there may have been a time when this document would be readily accepted and they would trust NYSEG. Today NYSEG is owned by a foreign power. It is not a time when we are easily giving our blessings to expanding fossil fuels. Therefore, it seems incumbent upon you to assume that you have an intelligent audience that will read those easements and you should write a proper easement. Supv Sumner asked why the proposed gas main is 10” when it will go to an 8” lower pressure line. D Bovee said the distribution main that they are tying into is an 8” main. They operate an 8” distribution main on Warren Road currently. The proposed project has a regulator station being built at Warren Road. That is when the pressure cut will go from 124 to 60 psi. The outlet pipe coming from that regulator will be 8” and tie into the existing 8”. They have done some hydraulic modeling. From an operational perspective they like to operate their distribution systems at about 70% maximum allowable pressure on all of their distribution pipelines. Currently in the Ithaca area they are operating their distribution system below 50%. This is the reason to do this project. They have had to deny new customers asking for service because there is not capacity in the current distribution system to supply these customers with the natural gas that they want. It is an inadequate system. They have depleted the capacity in their distribution pipelines. The last two days, with the weather conditions, they are at their terminal limit for operating the current system. They are way below where they want to operate their system. If the distribution system is not reinforced, in the Ithaca area, they will have to declare a moratorium and will not be able to provide any new customers with gas. TB 1-15-15 Page 6 of 13 Installation of an 8” pipeline on West Dryden Road instead of a 10” pipeline will not be sufficient for the additional capacity required for future growth. It doesn’t make sense to spend millions of dollars to only have 8% available for future use. They need extra capacity beyond the immediate anticipated need. Cl Lavine asked what it takes to change it from a distribution line to a transmission line. D Bovee said once the MAOP is established, which is 124 psi, t hey can never increase it to greater than 124 maximum allowable pressure. It cannot become a transmission line. In response to T Ingraffea’s questions: What is the design outer diameter of the pipeline they first intend to install? The inside diameter of the pipe is 10”; the outside diameter will be 11”. What is the wall thickness of that pipeline they first intend to install? The minimum wall thickness will be .250 inches (1/4 inch). What is the specified minimum yield strength of the st eel in that pipeline they intend to install? The specified minimum yield strength at 124 with an 11” outside diameter pipeline would be 6-7% specified minimum yield strength (smys). The steel grade is X52. D Bovee said they generally want to stay below 30% smys. This is extremely below the standard required. What is the initial design flow capacity of the first pipeline they intend to install? A 10” pipeline at this pressure would probably have about 700 thousand cubic feet per hour (Mcfh). (It was noted there was error in a recent communication to the Supervisor.) Cl Sloan said it has been established that the pipeline being installed is a distribution pipeline and will remain a distribution pipeline to the end of time. What would prevent them from using the same easement and placing a transmission pipeline alongside it? J Negus said despite what is printed on the easement, it is a distribution easement. You would need more than 15’ for anything else. If there is a problem with the word “transmission” it can be crossed out. D Bovee said it would take a full Article VII permit for a transmission line. Supv Sumner asked how large a transmission line would have to be to carry more than 124 psi. D Bovee said it is possible with a 12” line and there is room to add a transmission line next to the distribution line. It is unlikely because they generally want the pipes to be 4’ to 6’ feet apart, but it might be possible. Cl Lavine asked how many people on the road will be able to access gas directly from the distribution line and was told every one of them. There is an additional charge if the residence is beyond 100’ of the line. The 10” could be replaced with a 12” and still serve residences. The pressure coming into a house is about ¼ to ½ pound. Each residential service has its own regulator. Connection fees and regulations are on NYSEG’s website, or residents can call for that information. The Freeville gate station is owned by Dominion Transmission and is where NYSEG takes custody of the gas. That is where the gas is metered and the pressure regulated. There TB 1-15-15 Page 7 of 13 is a distribution already coming out of that gate station. The normal pressure f or a transmission line is around 1440 pounds and it has to go through a heater to heat the gas because gas generally cools about 7 degrees every for 100 pounds of regulation. The gas is heated so it does not freeze. The gas is coming through the line at 1440 psi. The gas is treated. It then gets a pressure cut from 1440 pounds to 60 pounds and then safely moves into the distribution line. The West Dryden line will require that the Freeville gate station be rebuilt or modified by Dominion in order to have an outlet pipe diameter that would give them capacity and flow they need for the 10” pipe. No FERC permit is required and the scope of work at the Freeville station is not NYSEG’s responsibility. David Fogel, Mayor of Freeville said they understand that the measuring station will be moved back to the rear of property, according to the owner of property. The regulating station on Warren Road is much smaller and enclosed in a building. There would be a pressure cut from 124 psi to 60 psi which would then tie into the existing distribution system. Supv Sumner said she spoke with the Lansing Town Supervisor this morning and our Code Enforcement Officer, and it is clear that Lansing does not review gas line distribution projects, but will require a building permit for the building. Cl Lavine asked whether Tony Ingraffea could summarize his reaction to NYSEGs statement. It would be inefficient and breed suspicion if not addressed tonight. T Ingraffea said he thinks he understands NYSEG’s argument about needing to increase the supply of gas to the network, but is at a loss to understand why if the 10” line going along Dryden Road is going to intersect an 8” line on Warren Road, then isn’t going to turn left and go to Ithaca. D Bovee said it does in fact go left to the Ithaca network. The distribution system will then be able to serve potential developments in the Town of Lansing. This is flooding more gas into the network at a high enough pressure to increase the effective capacity of the network. T Ingraffea said 700,000 cubic feet per hour is the initial capacity of the pipeline being discussed. That is a lot of gas. The average resident’s annual use is 7 cubic feet per hour. So this would be enough to supply 100,000 residents. Some gas will go to residential use, so where is rest of the gas going? D Bovee said 328,000 cfh of the 700,000 will be used to bring the existing systems back up to over 70% and be able to provide gas for future projects. That leaves an additional 328,000 cfh for future use. T Ingraffea said this is a huge amount of gas. T Ingraffea said he did the calculations for the pipe that was described at 124 psi, with a 5.5” radius and ¼” wall thick only operating at 2700 ____ stress, which is only 5% of strength. He asked why such an inefficient design and why it is overdesigned by a factor of 20. D Bovee said it is for safety. Once it is rated at 124 maximum allowable pressure, that will be its maximum. They cannot increase the maximum allowable pressure. 10” pipe is more readily available and more cost effective than 8” pipe. They don’t want to install an 8” pipe and then when more developments come into the area they could be below 70% again. 8” pipes are a heavy density poly. Anything above 8” they like to install steel for safety. In response to a question from Cl Leifer, D Bovee stated this pipeline will not be used to repower Cayuga. The 124 psi doesn’t have enough capacity to repower Cayuga. The point of delivery at the Freeville station does not have enough capacity to repower Cayuga. He is working on a project to repower a generator in R ochester and the minimum pipe size right now is 16” at 250 psi. This pipeline will not provide enough capacity to repower Cayuga. Cl Sloan said he understand that what has been said is this pipeline on West Dryden Road is designed to increase the capacity of the entire greater Ithaca area, and the need was driven specifically driven by the development plans in Lansing, and it basically increases the TB 1-15-15 Page 8 of 13 capacity throughout the Ithaca area. D Bovee said as a regulated public utility, they have a responsibility to serve their customers. When a customer asks to be provided with gas, they have to do their best to provide the gas. If they were to deny the businesses gas, the businesses would file a complaint with the Public Service Commission that will have to be investigated. They have to do everything within their power to come up with reinforcement projects to meet the demands. Supv Sumner asked if there was a ballpark estimate of what the demand for Cayuga would be. D Bovee said he had no idea and had not researched it. Supv Sumner wants it to be clear that this will not help serve Cayuga. D Bovee said the design capacity would show that. He is sure that Tony Ingraffea could easily do an engineering analysis and determine how much would be required to do that. Cl Lavine said the rights of the residents of West Dryden Road and the easement still needs to be discussed. NYSEG’s answers don’t seem to protect the citizens. She asked if the easements can be rewritten to specify what was said tonight and suggested this might gain more signatures. She asked why as business people they would you not choose to do that. It is in NYSEG’s business interest to come up with a proper easement and not have to go to eminent domain. R Pass said they have heard everyone loud and clear. The easement is the most contentious on everyone’s mind. J Negus and a former NYSEG employee have done a lot of work going door to door. A lot of communications were done prior to going door to door. A letter went out to all individuals they needed easements from. That activity continues. J Negus is correct that negotiation is done on an individual basis. If the potential customer wants something changed in the content of the easement, they can work with them. Cl Lavine said most people cannot fathom all of the variables that are party to this contract. All these people are riled up because the easement presented by NYSEG failed. NYSEG is failing to get signatures because their business model didn’t work. R Pass said the easement that is used is used everywhere within the NYSEG service territory. He understands people don’t want to hear that this is a standard, boilerplate easement, but this is what they use in every situation, both distribution (distribution only in this easement) and otherwise. If a property owner is uncomfortable with the word transmission being there…… Cl Lavine asked why these people should be forced to hire attorneys to trouble shoot all the possible things that should go into a proper and decent, intelligent easement. Supv Sumner asked R Pass if he could put the board in touch with someone to talk to about this and whether the easement template could be changed. R Pass said he won’t make a commitment this evening in a public format. They have been communicating with the Town and responded to the Supervisor’s request to come before the boar d because they knew there were issues that needed clarification and certain concerns addressed. Cl Sloan thanked the NYSEG representatives for coming out tonight. Cl Lavine said that liability for things going wrong is a concern, and asked how that would be addressed. The answer was it would be through one on one negotiations. Cl Lavine asked if there can be easement written that addresses all the concerns and would it retroactively apply to everyone. The answer is no. R Pass said they are willing to work with any customer or property owner along West Dryden Road. TB 1-15-15 Page 9 of 13 Supv Sumner asked if arrangements could be reached with a property owner about changes to the easement, would that property owner be required to keep that information confidential. Is it incumbent upon the property owner to keep it confidential? NYSEG cannot prevent a property owner from discussing it with a neighbor. There was discussion about stricter easements for some properties along the road effectively limiting the size of the pipeline for the entire length of the road. The board thanked R Pass, J Negus and D Bovee for coming. TOWN CLERK RESOLUTION #32 (2015) – APPROVE MINUTES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of December 11 and December 18, 2014. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes HIGHWAY DEPT The Highway Superintendent has prepared his 284 Agreement and it was distributed to board members for review. Supv Sumner has asked him to provide a report on the degree to which last year’s work that was listed was met. She asked the board to direct any questions to Rick Young, who will be available at agenda meeting to address any questions. COUNTY BRIEFING Martha Robertson thanked the board for making this NYSEG meeting happen and said it was important, instructive and illuminating. Committee assignments for legislators have not been made yet this year. She has been on the Public Safety Committee and has had a meeting about what happened recently in Danby that was well covered by the press. M Robertson said thank you for asking several different ways for another template for the easement. In her mind, D Bovee’s explanation of the function of this and half the capacity being to improve existing service makes a difference. It seems a reasonable thing to ask for a new easement, and the fact that they won’t comply adds to suspicion that there is something else on the agenda. She proposed the board form a landowner’s coalition and the town could contact property owners regarding what they would like in t he easement, then take the template to NYSEG. Supv Sumner said she is trying to empower the residents, but that is not something the town can take on right now. She thinks there is a way for the town to help. There will be a record of the comments made tonight. M Robertson stated that NYSEG has told a committee of the Chamber of Commerce that they will use eminent domain. Supv Sumner said they have legal authority, but don’t have corporate permission yet. TB 1-15-15 Page 10 of 13 M Robertson said residents certainly can share information regarding the easements with each other. Cl Sloan said if this goes to eminent domain, this is also an issue that county government will have to look at. The town may need some help. We should be looking at what is an appropriate response from Town government and from County government. Supv Sumner said that both TCAD and the Chamber have endorsed the project. M Robertson said the County has not received any correspondence at this point, but NYSEG will need to work with the county highway dep artment if the project moves ahead. Supv Sumner said because this improves gas service beyond the town of Dryden the county might be interested. M Robertson said the County is very interested in smart growth and densifying. There already is a built-up area that uses gas service, so adding users downtown, for example, is what they are trying to do. So what was said about the network as a whole about to fail indicates a fairly significant lack of planning and puts a different light on it. Supv Sumner said at a recent meeting she attended developers were not particularly interested in the West Dryden project, but were interested in the network as a whole. They were demanding information on where there would be adequate gas service to plan development and the information is sadly lacking. There will be a presentation on alternative energy sources on Thursday, January 22, 12 – 1:30 at Ithaca City Hall. Mike Lane said he came from the truck group meeting at Ithaca Town Hall that was formed after the crash at Simeon’s. Members from regional DOT were present along with local leaders and other interested people. The issue is what could be done to try to prevent this from happening again. The group looked at recommendations. There were about 22 that were reviewed. Some were implemented immediately such as trimming around signs to make them more visible. One suggestion was an elevated arterial, which they decided would be too expensive for our area. The controversial suggestion had to do with the idea of diverting truck traffic at Richford and having them travel Route 38 to Dryden to Route 13. He spoke against that in the past, but Mayor Myrick felt it was important to keep it on the list. The Village of Dryden passed a resolution against that suggestion tonight. The group also heard from the Harford Town Supervisor tonight and had a letter from Cortland County Legislator Sandy Price, both against the idea. M Lane said he believes DOT would be restrained from sending traffic up Route 38 without consent of the municipalities. The group took that recommendation off the table. Other ideas were enforcement issues. About 400 truck inspections were done in Tompkins County last year. More than 500 trucks travel down from Route 13 in Dryden every day. The group will be talking with congressional reps about the need for stronger enforcement and better regulation. Drivers disregard things like sleep requirements. They will be adding signage, and looking at installation of areas trucks can pull off on Route 79 to check brakes and such and it could be used by state police for truck checks. The Legislature has reorganized and he will be Chair, Jim Dennis is Vice Chair and they will be announcing committee assignments. The Public Safety Committee had a report from the Sheriff on the Hornbrook Road incident. In the end the man they were after took his own life. There were representatives from State Police, the negotiators, and City Police Dept. They gave an hour by hour account about what happened. A lot of people are unhappy that the man died in the end. One of the TB 1-15-15 Page 11 of 13 tactics used after tear gas failed was to tear off the walls of the house and people were shocked. The Sheriff will be presenting his written report to Public Safety Committee for review. He added the family seems to have adequate support and people can donate through the Danby Federated Church. The home is uninhabitable presently because it was opened up and because of the tear gas that was used. Cl Lavine asked if the County will be taking up the issue of brine salt. M Lane said they have had comments about that at meetings and expects it will be discussed. NEW BUSINESS Foundation of Light Special Use Permit Supv Sumner said the Foundation of Light has presented an application fo r a special use permit. They would like to build an addition to provide accommodations for retreat attendees. The board will hear a brief presentation by the applicant and schedule a public hearing tonight. Applicant Melissa Hoffman thanked the board and introduced Noah Demarest, the architect for the project. She said the Foundation of Light has always dreamed of having a housing facility to further their work. The board has a sketch of what they are looking at. N Demarest said the addition will be to the existing building to create overnight accommodations for retreat participants. It will be essentially like a bunkhouse or hostel. There will be individual rooms with a small sink and closet. The Foundation of Light hosts various events and smaller retreats from time to time, and occasionally a wedding. There will not be a lot of site changes. It is an addition containing a total of ten rooms, off the back side of the building and not visible from the road. It doesn’t really change the intensity of use. Currently people stay in tents in the summer. There will be change in parking requirements. The building will be energy efficient and they are looking at solar energy. Supv Sumner said it seems like a good idea and has not heard anything negative. The public hearing was set for February 19, 2015, at 7:05 p.m. NYSEG Cl Leifer said because of the way our zoning chart is, the definition of public utility and zone NYSEG’s project is in, they may need a special use permit. Supv Sumner said she will get Atty Perkins’ comments by email and will discuss it at the agenda meeting in February. Cl Leifer said the definition of public utility in our ordinance is defined as “infrastructure and services that supply an everyday necessity to the public at large” including natural gas. Because they are branching off to homes along the route, it is something we would look at it. The town should be able to evaluate the safety of the materials they are using. It’s along shoulder of road. He understands it’s a permitted use. Supv Sumner said she prepared a list of things she believes to be true about project. In that she comments that the placement is under the direction of the board. She suggests that the board ask the zoning officer for an interpretation of the board’s role. If that was done it could then, if necessary, be appealed to the Zoning Board of Appeals. Then we would have a mutual understanding and a legal leg to stand on one way or the other. She dislikes the definition in the zoning and believes the franchise agreement is what regulates project. Cl Leifer said the franchise agreement does not exempt them from our local law. TB 1-15-15 Page 12 of 13 Supv Sumner said many other agencies oversee the safety of the project. Cl Lavine said in this case it falls outside of the PSC and outside of FERC. It is in the County right of way. The County has no land use authority, but D Sprout pointed out NYSEG would need a highway work permit from them. D Sprout said by that definition each property owner asking for gas service will need a special use permit. Cl Lavine said several people think we need to fully explore this and think that we have the right and obligation to oversee it in some legal way. She has not seen anything in the text that suggests otherwise. Cl Leifer said some municipalities do regulate these service lines and distribution lines. We have tighter controls over cell towers which don’t hurt anybody, than these gas mains which can level a neighborhood, as they have elsewhere. Supv Sumner stated the board is asking the Zoning Officer to write an interpretation of the board’s role under the franchise agreement, and directing the town attorney to write a memo explaining the obligation, or lack thereof, to require a special us e permit. Cl Lavine asked whether the attorney’s work would be outside of the retainer. She needs to know that first because it is not clear that she would have him do the job if it was going to cost a lot of money and there may be some more relevant expert lawyer that they could go to, perhaps for free. Supv Sumner said the research the town attorney has done already and his familiarity with our zoning puts him a step ahead of someone coming into it blind. She will not rely on an opinion from someone not as knowledgeable. Cl Lavine said the legal bills need to be contained and you need to know what you are getting into. Cl Lavine said if it is complicated, it is beyond what is standard knowledge. It is a question of interpretation. Attorney Perkins estimates the matter will take between four and six hours at a cost of $800 to $1200. Cl Leifer stated he believes it is worth it. Cl Lavine said her concern is that Atty Perkins has already expressed an opinion that the Town has no power. Atty Perkins said he doesn’t think that the Town has no power. Cl Lavine asked if he had generally so far concluded that the Town does not have the right to review this. Suppose that three of the board agree that they would like to find the legal route to having that power. She doesn’t want to pay him as her lawyer $1,000 to give her the answer she doesn’t want. Because this is obviously not a simple cut and dry matter and therefore, people tend to seek out lawyers who are going to defend the position they wish to assert. Supv Sumner suggested that Cl Lavine write a short statement of what she thinks will be answered by a review, what that review would entail and what question or problem it would address. Cl Leifer said it should state what kind of things she would want reviewed, what types of things, what is the question we are trying to answer in a review. Supv Sumner said if there is a problem, and they seem to agree that there is, let’s define the problem and find the correct path to solving the problem. Cl Lavine should define the problem and propose how she thinks a review would solve that problem. Supv Sumner said if the problem is the people are unhappy with the easement, a review is not going to help that, so let’s be clear about the problem. Cl Sloan said he thinks some people have looked at the various articles that are relevant and it looks to him as though this project requires a special use permit because it doesn’t match the zoning requirements. Supv Sumner said it does meet the zoning requirements. Distribution lines are not subject to land regulations. There was discussion about whether the franchise agreement actually says that. Supv Sumner pointed out that the TB 1-15-15 Page 13 of 13 board has never reviewed such a project, and there are many other gas lines in Dryden. There was question about when the last gas lines were installed. Cl Sloan said he thinks, based on the fact that the zoning specifically mentions public utilities, the board is required to issue a special use permit before they can carry out the project. Cl Lavine stated the board needs to define what it is they need to know. RESOLUTION #33 (2015) – AUTHORIZE LEGAL FEES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Attorney to write a memorandum explaining the Town’s obligation, or lack thereof, to require a special use permit of NYSEG for its work along West Dryden Road, and to do that for an amount not to exceed $1,000 without further authorization. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine No Supv Sumner suggested that at the same time that Atty Perkins is working on this, Cl Lavine will work on clarifying the problem. It will be very useful to have a clear description of that problem or group of problems to begin to map the path to solving the problems. She added that they will not all be solved by a review, whether or not we do that. Cl Lavine asked Atty Perkins whether the review would include pros and cons, that is, possible different interpretations of the same thing. Atty Perkins said he does not start with the answer, he starts with the problem. There being no further business, on motion made, seconded, and unanimously carried, the meeting was adjourned at 9:45 p.m. Respectfully submitted, Bambi L. Avery Town Clerk