HomeMy WebLinkAbout2010-04-13-RTB TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
APRIL 13 , 2010
* *Note : Audio version of this meeting available on the Ulysses Web page at
www. ulysses. ny.us
Present : Supervisor Roxanne Marino ; Town Board Members David Kerness, Kevin
Romer, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L. Georgia; Highway
Superintendent James Meeker; Deputy Supervisor Sue Poelvoorde; Attorney Mariette
Geldenhuys .
Others Present : Alex Rachun, Code Enforcement Officer; Debra Watkins, Village
Trustee; Debbie Teeter, Representative from Cooperative Extension; Steve Messmer,
from Delta Engineering; Aaron Munzer, Ithaca Journal Reporter; Bill Chaisson, Free
Press Reporter; and Diane Hillman, President Jacksonville Association and Chairman of
Ulysses Water Commission.
Supervisor Marino called the meeting to order at 7 : 30 pm and led those assembled in the
Pledge of Allegiance to the Flag of the United States of America.
APPROVAL OF MINUTES
The Town Board tabled all the minutes until they had time to review the changes and
corrections made by Supervisor Marino .
APPROVAL OF CLAIMS
IMs . Marino moved, seconded by Ms . Tyler the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous
examined vouchers # ' s 138 through 191 in the amount of $ 170,208 . 17 .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
PRIVILEGE OF THE FLOOR - no one wished to speak at this time.
TC COOPERATIVE EXTENSION
Debbie Teeter from Tompkins County Cooperative Extension outlined a request for an
extension of the County Ag district for property on Route 89 going to be developed as a
vineyard. Ms . Teeter was hoping for a resolution tonight from the Town Board
supporting this Ag extension. The Town Board felt that they would like to review the
information and would give Ms . Teeter an answer at their April 27th meeting.
7 : 55 DELTA ENGINEERING
Steve Messmer of Delta Engineering gave a proposal on their proposed multi-
municipality program for developing and putting in place a Road Use Agreement policy
for the Town roads .
8 : 55 TOWN REPORTS
Reports given by the following Town Officers :
Regular Town Board Meeting 2
April 13 , 2010
Highway Superintendent James Meeker — gave a brief report on monthly
activities . Mr. Meeker also asked Ms. Marino to look into insurance for the new
Town Barns .
Town Clerk Marsha L . Georgia — gave totals of fees collected for the month.
Code Enforcement Officer Alex Rachun — gave a brief report on building permit
activities . Reported on the process of Grass Roots permits for parking and
camping on Agard Road (Referenced correspondence with Attorney Geldenhuys) .
Gave a brief overview of the activities of the Planning Board and Lakefront
Zoning Committee . .
Agriculture and Farmland Protection Plan — Ms Marino reviewed a meeting that
she and Ms . Poelvoorde attended reviewing several different Towns Farmland
Protection Plans .
Citizens Advisory Board on Gas Drilling — no report
TOWN BOARD MEMBERS
Reports given by the following Board Members :
Lucia Tyler — The Health Care Consortium is still questioning the amount of cash
to have on hand or the possibility of a bond and how many members of the unions
to be on the Consortium Board. Also, there is a question about Liability Ins. for
Board members who are members of a variety of different boards ; Ms .
Geldenhuys addressed the liability insurance
Kevin Romer — Emergency Management & Preparedness He attended a forum on
this for government officials . Many questions were raised and Mr. Romer will
provide all of those to the Town Board to be reviewed at a later date . Mr. Romer
also attended a meeting of the Jacksonville Association and he turned that report
over to Diane Hillman the Chairman of the Association to present. Ms . Hillman
read the following report on the Jacksonville meeting on Police protection issues.
Attendance, approx . 25
Our guest, Sheriff Peter Meskill, began by explaining the structure of the Sheriff's
Department, and how they work with the State Police and other agencies (the
Park Police, for example) to cover rural areas of the county such as Ulysses . He
passed around some statistical information about police calls in our area, and
noted that they were generally quite low . He also provided budgetary
information, and commented that the Grassroots Festival gets billed for police
services at a rate of $20,000+ per year, not including the extra DWA patrols
provided during that period.
Concerns from the group initially focused on the traffic though Jacksonville, more
specifically the garbage truck traffic that has been an issue throughout the
county. The issues are pedestrian safety, speed enforcement, noise of the brakes
(especially at night) , and trash from badly secured loads that ends up in yards
along Rte . 96 . There are also continuing problems with speeding motorcycles
through the hamlet, again mostly at night. Dick Coogan pointed out that the JCA
has been complaining about vehicles passing in the hamlet, encroaching on the
unmarked pedestrian area along the curb , and there will be striping of the
pedestrian areas this year in response to that, making it clearer that the width
of the road through the hamlet is not reserved for vehicle convenience .
There was some discussion of possible enforcement strategies, and Sheriff
Meskill agreed to step up enforcement presence where he can, and to ensure
that the electronic speed displays (which all agreed were effective up to a
point) get used when feasible . Questions about juvenile services also came up .
There was also discussion about an alternative that might include the
Truinansburg village police, but several attendees pointed out that such a
Regular Town Board Meeting 3
April 13 , 2010
solution would be costly (requiring a new assessment district, not unlike the
water district) and could not only include Jacksonville since, as a hamlet, it has
no real boundaries . Sheriff Meskill pointed out that there would be no saving on
the county side , as we would not be refunded monies from the funding from the
Sheriff, and he would still be responsible for some policing in the area (though not
necessarily all he does now) .
Diane Hillman Water Committee Chair
Ms. Marino gave Ms . Hillman and the Board a summary of her notes from the
conversation she had with Herb Engman, Supervisor Town of Ithaca. Ms. Marino
summarized this by saying that Ithaca Town Board met and rejected Ulysses
proposal to split the cost 50/50 of installing a 2-way water meter at Woolf Lane.
Ithaca' s counter proposal to Ulysses is the Town of Ithaca will wipe the slate
clean ($ 33 , 522 . 57 as per spreadsheet estimate from the Town of Ithaca March 5 ,
2010) on all back water charges and they will contribute $21 ,254 total to the cost
of the 2-way meter. Mr. Engman recommends that Ithaca and Ulysses meet with
either full Boards, or just Supervisors and another representative to negotiate.
Liz Thomas — TC Animal Control Advisory Board & TCCOG — Ms . Thomas said
that NYS is considering getting out of the dog licensing business. This would
mean each individual Town would have to purchase the licenses, maintain the
data base etc . Ms . Thomas said that TC Animal Control Advisory Board is
looking into working across municipalities in the County to develop a proposal
for a County level dog licensing program . Ms . Thomas said on the matter of the
dog enumeration many towns are working together to develop a questionnaire as
the first step . Ms . Thomas said that at the TCCOG meeting they discussed the
$ broadband situation and there is an application that Goggle has going for
broadband. Ms . Thomas feels that is a long shot . Also the subject was brought
up about hiring a person through TCCOG for information gathering, a resolution
to support the water and sewer study, and a presentation was given on the
Emerald Ash Borer (Ms . Thomas had some informational flyers and hand outs
she asked the Clerk to distribute and thought it may be nice to have a display rack
for the public .)
Deputy Supervisor — Ms . Poelvoorde had nothing .
Supervisor Roxanne Marino- Ms . Marino distributed copies of the 2010 Operating
Statement for the period ending March 31 , 2010 and reviewed and answered questions.
Ms . Marino wanted to mention the upcoming meetings . On April 27th from 9 to 11 am in
the Ithaca Town Hall a presentation on voucher processing and a meeting with Bergman
Assoc . at 210 pm in reference to the Ag & Farmland Protection Plan and other Planning
and Zoning topics . Ms . Marino said that the AUD has to be done by the end of April.
OLD BUSINESS
9 : 04 Ethics Policy
Mr. Kerness handed out copies of the revised Code of Ethics policy and the Board
reviewed.
Ms . Thomas moved, seconded by Ms . Marino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approve the Code of
Ethics policy as amended March 13th, 2010 as follows :
TOWN OF ULYSSES — CODE OF ETHICS
Regular Town Board Meeting 4
April 13 , 2010
WHEREAS , the General Municipal Law provides that all towns shall enact a
Code lof Ethics and that it be filed with the State Comptroller on or before
December 31 , 1970, and
WHEREAS , this Town Board believes that a Code of Ethics will provide town
public officials and employees with adequate and definitive guidelines for their
official conduct, be it
RES 0 LVED , that the Town Board of the Town of Ulysses does hereby enact and
adopt; the following resolution and that a certified copy be sent to the comptroller
of the State of New York and also one copy be posted on the Town Clerk' s
bulletin board:
Section 1 . Pursuant to the provisions of Section Eight Hundred Six of the
General Municipal Law, the Town Board of the Town of Ulysses recognizes that
there Are rules of ethical conduct for public officials and employees which must
be observed if a high degree of moral conduct is to be obtained and if public
confidence is to be maintained in our unit of local government. It is the purpose
of this resolution to promulgate these rules of ethical conduct for the officers and
employees of the Town of Ulysses. The rules of ethical conduct of this resolution
as adopted, shall not conflict with, but shall be in addition to any prohibition of
Article Eighteen of the General Municipal Law or any other general or special
law relating to ethical conduct and interest in contracts of municipal officers and
employees .
Section 2 . - Definition
A. "Municipal Officer or Employee" means an officer, appointee, or employee
di: the Town of Ulysses, whether paid or unpaid, including members of any
administrative board, committee, commission or other agency thereof No
person shall be deemed to be a municipal officer or employee solely by reason
of being a volunteer fireman or civil defense volunteer, except a chief
engineer or assistant chief engineer.
B . Interest means a pecuniary or material benefit accruing to a municipal officer
or employee unless the contract otherwise requires .
Section 3 . - Standards of Conduct.
Every officer or employee of the Town of Ulysses shall be subject to and abide by
the following standards of conduct :
A. Gifts. He/she shall not directly or indirectly (through family members),
solicit any gift; or accept or receive any gifts having an annual cumulative
value greater then seventy-five dollars and that $75 referred to is the limit of
all permissible gifts to an affected employee or public official regardless of
number of such gifts . The gifts could be in the form of money, services, loan
travel, entertainment, hospitality, promise or any other form, under
circumstance in which it could reasonably be inferred that the gift was
intended to influence him/her or could reasonably be expected to influence
him/her, in the performance of his/her official duties or was intended as a
reward for any official action on his/her part.
B . Confidential Information. He/she shall not disclose confidential information
acquired by him in the course of his official duties or use such information to
further his personal interests .
C . Representation before one' s own agency. He/she shall not receive, or enter
into any agreement, express or implied, for compensation for services to be
rendered in relation to any matter before any municipal agency of which he is
an officer, member or employee or of any municipal agency over which he
Regular Town Board Meeting 5
April 13 , 2010
has jurisdiction or to which he has the power to appoint any member, officer
or employee.
D . Representation before any Agency for a contingent fee. He shall not
receive, or enter into any agreement, express or implied for compensation for
services to be rendered in relation to any matter before any agency of his
municipality, whereby his compensation is to be dependent or contingent
upon any action by such agency with respect to such matter, provided that this
paragraph shall not prohibit the fixing at any time of fees based upon the
reasonable value of the services rendered.
E . Disclosure of Interest in Legislation. To the extent that he knows, thereof, a
member of the Town Board and any officer or employee of the Town of
Ulysses, whether paid or unpaid, who participates in the discussion or gives
official opinion to the Town Board on any legislation before the Town Board
shall publicly disclose on the official record the nature and extent of any direct
or indirect financial or other private interest he has in such legislation.
F. Investments in Conflict with official Duties. He shall not invest or hold any
investment directly or indirectly in any financial, business, commercial or
private transaction, which creates a conflict with his official duties. In the
event such a conflict exists he or she shall recuse him or herself from any
decisions involving such conflicts
G. Appearance of Impropriety. A public official or employee must avoid
circumstances that compromise his/her ability to make decisions solely in the
public interest or create an appearance of impropriety.
H. Recusal. A public official or employee must rescue himself when faced with
the above conflicts . Recusal defined-Recusal means that the official may not
deliberate, vote, or participate in any way in such matter. The official should
disclose his or her conflict and remove him or herself from the board.
I. Town Property. No employee or public official shall use town property or
assets for personal purposes or profit or to benefit a private party. Use of town
property or assets restricted to the conduct of official business and for the benefit
of all residents .
J. Nepotism. Spouses and other family members may not serve in positions
creating a conflict of interests, the appearance of a conflict or consolidation of
power in one board.
K. Private Employment. He/she shall not engage in, solicit, negotiate for or
promise to accept private employment or render services for private interests
when such employment or services creates a conflict with or impairs the proper
discharge of his official duties .
L. Future Employment. He shall not, after the termination of service or
employment with such municipality, appear before any board or agency of the
Town of Ulysses in relation to any case, proceeding or application in which he
personally participated during the period of his service or employment or which
was under his active consideration.
M. Subordinates. No public official shall solicit political contributions from
subordinates .
N. Incompatible Positions. A public official is prohibited from (a) holding
positions when one is subordinate to the other (b) Holding positions when the
duties of the positions conflict.
Section 4. — Right to File Claims.
Regular Town Board Meeting 6
April 13 , 2010
Nothing herein shall be deemed to bar or prevent the timely filing by a present or
former municipal officer or employee of any claims, account, demand or suit
against the Town of Ulysses, or any agency thereof on behalf of himself or any
member of his family arising out of any personal injury or property damage or for
any lawful benefit authorized or permitted by law.
Section 5 - Distribution of Code of Ethics.
The Town Clerk of the Town of Ulysses shall give a copy of this Code of Ethics
to every public official and employee of the Town of Ulysses upon appointment
or request or update of document. A signed document reflecting receiving and
understanding of Ulysses Code of Ethics Policy (see attachment 1 ) must be
returned to the Town Clerk within 3 months . The attorney for the Town shall
provide annual training for Ulysses public officials and employee ' s concerning
the requirements of the Town Code of Ethics .
Section 6 - Penalties .
Any Town of Ulysses employee or public official may submit in writing alleged
ethical issues or concerns to the Tompkins County Ethics Board for review and
investigation. Infractions of the Code of Ethics that are confirmed by such
investigation will be referred to the Town Board for action.
Section 7 - Effective Date.
This resolution shall take effect 30 days after it is filed as provided in Section
Twenty- seven of the Municipal Home Rule Law.
This is to certify that the above Revised Code of Ethics was adopted by the
Town Board of the Town of Ulysses April 13 , 2010 .
MEMORANDUM
The purpose of this Memorandum is to advise each employee, appointee, and public
official of changes to the Code of Ethics Policy for the Town of Ulysses . A copy of the
Code of Ethics is attached to this Memorandum for your information.
Please review the attached Ethic ' s Policy and if there are any components of the Policy
that you do not understand or would like to comment on, please send your questions in
writing or via e-mail to : Marsha L. Georgia, Town Clerk 10 Elm Street, Trumansburg,
NY - email - touclerkAtwcny .rr. com
After reviewing the Code of Ethics Policy, sign the attached declaration affirming that
you have read and understood the Policy and return this sheet to Marsha L. Georgia,
Ulysses Town Clerk. If you feel you cannot sign the declaration, you will need to attend
the Ethics Training provided by the town of Ulysses .
Each employee and elected official should be aware that the gift limit described therein is
a cumulative, annual gift limit and that the $75 referred to is the limit of all permissible
gifts to an affected employee or official regardless of the number of such gifts .
Beginning January 13 , 2009 any alleged infractions of the Town of Ulysses Code of
Ethics Policy will be referred to the Tompkins County Board of Ethics for investigation.
Infractions of the Code of Ethics that are confirmed by such investigations will be
referred to the Town Board for action.
Town of Ulysses — Code of Ethics
Declaration
Town of Ulysses Code of Ethics Policy
A
Regular Town Board Meeting 7
April 13 , 2010
I have received a copy of the Code of Ethics
Policy for the Town of Ulysses . I have read and understand the Code of Ethics Policy for
the Town of Ulysses and understand that it is my responsibility as an elected official,
public official, or staff member for the Town of Ulysses to adhere to its requirements .
If you cannot sign this declaration it is mandatory for you to attend the Town of Ulysses
Ethics training.
I understand that any alleged violations of the Town of Ulysses Code of Ethics Policy
will be referred to the Tompkins County Board of Ethics for review and investigation.
Date Signature
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kemess aye
Mr. Romer aye
Adopted
9 : 22 Willeys ' Water
Ms . Marino said that at the last meeting it came up that the Town sells water to a couple
of users that are outside the water district#3 . In the past the Town has just had an oral
agreement and the Board discussed having a more formal agreement in writing Ms .
Marino asked Ms . Geldenhuys to draw up a draft agreement .
NEW BUSINESS
Ms. Thomas moved seconded by Mr. Kerness the following :
REQUEST TO GOVERNOR DAVID A. PATERSON to Withdraw the draft
Supplemental Generic Environmental Impact Statement Related to Horizontal
Drilling and High-Volume Hydraulic Fracturing to Develop Marcellus Shale and
Other Low-Permeability Gas Reservoirs
WHEREAS , the Town of Ulysses, a community in Tompkins County is wholly located
above a portion of the Marcellus Shale formation, a low-permeability rock formation
estimated to contain reserves of natural gas ; and
WHEREAS , recent technological developments including horizontal drilling and high-
volume hydraulic fracturing have enabled energy exploration companies to potentially
mine this resource in New York State, including the Town of Ulysses ; and
WHEREAS , the Town of Ulysses recognizes the need for interim energy sources as our
state and country transition to widespread economical renewable energy use; and
WHEREAS , the Town of Ulysses recognizes that, if properly regulated, the development
of natural gas resources in New York State could present some communities and
residents with financial benefit; and
WHEREAS , the Town of Ulysses also realizes that the aforementioned potential financial
benefits could easily be offset by unforeseen and preventable damage to the Upstate
economy, including the tourism, wine, agriculture and education industries, should
development of natural gas resources be allowed to continue in a largely unregulated
manner; and
Regular Town Board Meeting 8
April 13 , 20110
WHEREAS , Jand-use planning in the Town of Ulysses is guided by a Comprehensive
Plan and Zoning Ordinance; and
WHEREAS , , in addition to residential, commercial and industrial zones, the Town of
Ulysses is also comprised of sizable areas unique natural areas, ecologically fragile
surface waters, or other land unsuitable for surface disturbance, and
WHEREAS , through the Comprehensive Plan process, Town of Ulysses residents have
overwhelmingly identified environmental protection as a top priority for consideration in
land-use ands growth management policies; and
WHEREAS , , the Town of Ulysses has historically taken an active role in the siting and
permitting of development within its borders, including industry; and
WHEREAS , it is generally recognized that NYSDEC has assumed de facto siting and
permitting authority related to the exploration and extraction of natural gas ; and
WHEREAS , the process of hydraulic fracturing involves the use, retention and disposal
of millions of gallons of fracturing fluid and wastewater that is high in dissolved solids
and contains toxic and radioactive materials, some of which are not subject to public
disclosure requirements ; and
WHEREAS , there are no requirements for closed, above-ground storage facilities, nor
pre-treatment requirements, for the fracturing fluid and wastewater generated during the
fracturing process ; and
WHEREAS , the United States Environmental Protection Agency is preparing to
undertake an investigation of the impacts of hydraulic fracturing on the environment; and
WHEREAS , there have been hundreds of reported spills, fires and contaminated water
supplies related to conventional vertical well drilling in New York State, and surface
contamination related to the retention and disposal of fracturing fluid and wastewater
from naturals gas operations ; and
WHEREAS , staff resources of the NYSDEC Division of Mineral Resources, Bureau of
Oil and Gas ,Regulation are dangerously inadequate to manage current drilling activities
in New York State and, so, are not sufficient to handle the widespread proliferation of
deep well horizontal drilling and hydraulic fracturing; and
WHEREAS , the proposed fee structure related to permitting new wells would not provide
finances adequate to staff NYSDEC to the degree necessary to process and manage an
onslaught of new and more complicated drilling operations , thereby potentially creating a
taxpayer subsidy for the oil and gas industry; and
WHEREAS, there is no strict liability requirement for natural gas drilling waste releases
by energy companies , potentially shifting the financial burden of remediating
contamination related to drilling and extraction to taxpayers ; and
WHEREAS, New York State ' s Spill Remediation Fund may only be available for
emergency response related to oil spills, excluding emergencies related to natural gas ;
and
WHEREAS, reporting requirements for uncontrolled oil and gas releases are currently
insufficient :and could be made similar to those for leaking underground storage tanks ;
and
WHEREAS , according to NYSDOT, New York State and Tompkins County reportedly
contain the alarmingly high percentage (37%) of structurally deficient or functionally
obsolete bridges ; and
WHEREAS , the widespread development of natural gas resources in New York State
would involve the regular transport of heavy equipment and routine hauling of large
Regular Town Board Meeting 9
April 13 , 2010
volumes of hydraulic fluid and hydraulic fracturing wastewater over state, county and
municipal roads and bridges, creating potentially dangerous conditions and a potential
financial burden for taxpayers ; and
WHEREAS , foreknowledge of the siting of industrial facilities related to natural gas
development is critical to acquiring an understanding of future road usage for bonding
and planning purposes, and no such advance notification requirement exists; and
WHEREAS , a comprehensive analysis of the statewide impacts of natural gas
development utilizing a "full build-out" scenario has not been done; and
WHEREAS , the Town of Ulysses has a responsibility to preserve and protect its natural
resources, water resources, infrastructure, and residents ' quality of life.
NOW, THEREFORE BE IT
RESOLVED, that the Town of Ulysses Board hereby requests that the Honorable David
A. Paterson, Governor, withdraw from the current SEQRA review the Draft
Supplemental Generic Environmental Impact Statement On The Oil, Gas and Solution
Mining Regulatory Program- Well Permit Issuance for Horizontal Drilling And High-
Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-
Permeability Gas Reservoirs, as the aggregate protection provided therein is inadequate
to safeguard the public health, environment and economy of New York State.
BE IT FURTHER RESOLVED that the Town Board of the Town of Ulysses requests
that no new permits be issued for horizontal drilling and deep well hydraulic fracturing
until the aforementioned and following regulatory issues are addressed :
1 . Allow municipal control over permitting, siting and certain construction and
operational parameters in accordance with a municipality' s land-use regulations and local
laws .
2 . Require closed storage and pre-treatment of fracturing fluid and wastewater from
natural gas operations . Prohibit surface storage and surface disposal of fracturing fluid
and wastewater from natural gas operations .
3 . Require complete public disclosure of fracturing fluid and drilling wastewater
constituents.
4. Require independent comprehensive baseline water quality testing of any and all
potentially impacted public and private drinking water sources, financed by energy
companies .
5 . Mandate setbacks from private and public water sources that are adequate to protect
them from uncontrolled releases of gas and hydraulic fluid, which, according to
NYSDEC historical spills data, can migrate thousands of feet in minutes.
6 . Impose strict reporting requirements for uncontrolled oil and gas releases consistent
with New York State Navigation Law.
fr 7 . Impose strict financial liability on energy companies for environmental remediation
costs .
fr 8 . Allow access to New York State ' s Spills Remediation Fund for emergency clean-up
related to natural gas drilling contamination releases.
9. Create a permit fee structure to finance adequate staffing at NYSDEC and training of
local emergency response personnel .
10 . Require energy companies to post performance bonds or acquire pollution clean-up
insurance prior to initiating site work.
I
Regular Town Board Meeting 10
April 13 , 2010
11 . Require disclosure of development plans far enough in advance to allow for planning
and bonding for bridge and roadway use .
12 . Conduct a comprehensive analysis of statewide impacts of natural gas development,
using a "full build-out" scenario based on the maximum allowable wells per acre.
Be it also resolved that a copy of this resolution shall be sent to Governor Paterson,
Regional Representative to the Governor Kevin McCab, NYSDEC Commissioner
Grannis, NYS Secretary of the Environment Peter Iwanowicz, State Senators Winner,
Seward, and Nozzolio , State Assembly Speaker Silver, State Assemblywoman Lifton,
NYS Senate President Malcolm Smith, NYS Senate Majority Leader Pedro Espada,
Chair of State Senate Committee on Environmental Conservation Thompson, Chair of
State Assembly Committee on Environmental Conservation Sweeney, State Attorney
General Cuomo , U. S . Representatives Hinchey and Arcuri , U. S . Senators Schumer and
Gillibrand, EPA Region 2 Regional Administrator Judith Enck, New York Comptroller,
Thomas DiNapoli and New York State Association of Towns and Municipal Officials
and Clerks .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Ms . Thomas moved seconded by Mr. Kerness the following :
RESOLUTION TO SUPPORT PROPOSED STATE LEGISLATION URGING
STRICTER OVERSIGHT OF HORIZONTAL DRILLING AND HIGH-VOLUME
HYDARULIC FRACTURING USED IN THE EXTRACTION OF NATURAL
GAS FROM THE MARCELLUS SHALE FORMATION
Whereas the proposed New York State bill number A10088 prohibits the use of on-
site, open-pit storage of flow back waters due to the hazards they potentially pose for
wildlife and the surrounding water quality from accidental releases. This bill proposes the
use of steel tanks for flow back storage to minimize such hazards, and;
Whereas the proposed New York State bill number A10090 prohibits on-site disposal
or burial of drill cuttings from natural gas wells due to the extreme volume of cuttings
generated of between 100 and 500 times the volume generated at vertical well sites .
Oxidation and leaching from these cuttings produces an acid mine discharge which if not
properly managed poses a threat to nearby water quality; and
Whereas the proposed New York State bill number A10091 requires the Department
of Environmental Conservation to disclose the ingredients in hydraulic fracturing fluids
and prohibits the use of chemicals that pose a risk to human health due to their
persistence, their bio-accumulative or toxic characteristics, or their mutagenic qualities;
and
Whereas the proposed New York State bill number A10092 requires an
Environmental Impact Statement (EIS) for any natural gas drilling involving the use of
hydraulic fracturing fluid to determine if it will pose a threat to special groundwater
protection areas ; and
Whereas the proposed New York State bill number A8784 requires permit holders to
test the quality of ground and surface water sources within a thousand foot radius of the
Regular Town Board Meeting 11
April 13 , 2010
drilling area and on all water wells in the production unit, unless the Depth tment of
Environ mental Conservation (DEC) determines that an expanded radius is required; and
Requires such testing to occur prior to drilling, following any hydro fracturing,
prior to well completion and annually for producing wells; and
Defines "compounds" or "contaminants of concern" to include the ingredients
contained in hydrofracturing fluids and chemical treatment ; and
Establishes liability for the permit holder if the post drilling/hydrofracturing test
results indicate contamination or decreased flow rate; and,
Requires DEC to promulgate methane and "compounds or contaminants of
concern" regulations; and
Whereas the proposed New York State bill number A9414 establishes liability for any
person involved in the extraction of natural gas by use of high volume hydraulic
fracturing techniques . A "person" means "any individual, association, corporation or
other entity that engages in natural gas exploration, drilling, extraction or transportation.
The term "person" shall include any individual, association, corporation or other entity
that owns an interest in land that is subject to a lease or other grant that permits surface
rights, sub-surface rights or both surface and sub- surface rights for the purpose of natural
gas exploration, drilling, operation or extraction unless said lease or grant was executed
prior to the effective date of this title . "
Whereas the proposed New York State bill number A8806 establishes a water
permitting process to allow the Department of Environmental Conservation to better
regulate the use of the State ' s water resources .
Therefore, be it resolved, that the Town of Ulysses supports passage of the above state
legislation meant to improve oversight of natural gas hydrofracturing activities to ensure
the health, safety and well being of the citizens of the Town of Ulysses .
Be it also resolved that a copy of this resolution shall be sent to Governor Paterson,
Regional Representative to the Governor Kevin McCab, NYSDEC Commissioner
Grannis, NYS Secretary of the Environment Peter Iwanowicz, State Senators Winner,
Seward, and Nozzolio , State Assembly Speaker Silver, State Assemblywoman Lifton,
NYS Senate President Malcolm Smith, NYS Senate Majority Leader Pedro Espada,
Chair of State Senate Committee on Environmental Conservation Thompson, Chair of
State Assembly Committee on Environmental Conservation Sweeney, State Attorney
General Cuomo , U. S . Representatives Hinchey and Arcuri , U. S . Senators Schumer and
Gillibrand, EPA Region 2 Regional Administrator Judith Enck, New York Comptroller,
Thomas DiNapoli and New York State Association of Towns and Municipal Officials
and Clerks .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Meeting with Town Clerk
The meeting was scheduled for Thursday April 29th, 2010 at 2 : 30pm.
2 "d Town Board Meeting
Regular Town Board Meeting 12
April 13 , 2010.
The Board had originally scheduled the 2nd Board meeting of the month to start at 7 : 30
pm; this was ichanged to 7 pm.
Open House at New Town Barns
Mr. Kerness announced that the open house at the new Town Barns is going to April 23rd,
2010. It will start at 12 noon .
Hearing no further business Mr. Romer moved seconded by Mr. Kerness to adjourn the
meeting. Unanimously approved; meeting adjourned at 10 : 34 pm
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk