HomeMy WebLinkAbout2011-08-10-RTB Regular Town Board Meeting 1
August 10, 2011
Town of Ulysses
Regular Town Board Meeting
August 10, 2011
* * Audio version @ www. ulysses . ny. us
Present: Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler(arrived @ 7 : 50
pm) , David Kerness and Kevin Romer; Deputy Supervisor Sue Poelvoorde ( arrived later in the meeting ) ;
Town Clerk Marsha L. Georgia; and Attorney Mariette Geldenhuys .
Absent: Highway Superintendent James Meeker
Others Present: Nancy Brcak, Ian Shapiro, Marcia Skalnik, Diane & David Farnham, Clara Frantz, Anne
Schneiderman, Alan & Marilyn Vogel , Denise & David Kooperman, Marion Boratynski, Don Ellis, Jim
Dennis, Anne Koreman, Carolyn Kreisel , Krys Cail , Rod Hawks, Bonnie Mathers, Marilyn Patterson,
Judy Abrams, Jan & Ken Zeserson, Robert Oswald, Jan Quarles , Michael Dineen, Jan McNamara, Susan
Soboroff, Edward & Joan Ormondroyd, Robert Thomas, Bill George, Vicky Romanoff, John Coggin,
Sarah Adams, Chris Hamilton, Louis DiPietro, Shirl Hardy, JoAnne Cipaolla-Dennis, Diane Hillman, Fay
Gorgalias, Kris Romer, Esther Cascella, Lizzard Field, Bob Howarth, Nancy Young, Brenda Callahan,
Jane Penrose, Patricia Nelson, Martha Ullberg, and Scot Sutcliff.
Supervisor Marino called the meeting to order at 7 : 00 p .m.
BUDGET MODIFICATIONS
Ms. Thomas moved, seconded by Mr. Romer the following:
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the following 2011
budget modifications :
B Fund
B1420 .4 Attorney CE increase $5 ,000
B1990 .4 Contingency decrease $ 5 ,000
Ms . Marino aye
Ms . Thomas aye
Ms. Tyler absent
Mr. Kerness aye
Mr. Romer aye
Adopted
APPROVAL OF CLAIMS
Ms . Marino moved, seconded by Mr. Kerness the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves voucher # ' s 321
through 359 in the amount of $ 15 ,567 . 95 for payment.
Ms . Marino aye
Ms. Thomas aye
Ms . Tyler absent
Mr. Kerness aye
Mr. Romer aye
Adopted
APPROVAL OF MINUTES
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August 10, 2011
Mr. Kerness moved, seconded by Ms . Marino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses approves the minutes for the
Special Town Board meeting of July 26, 2011 , as edited.
Ms . Marino aye
Ms . Thomas abstained
Ms . Tyler absent
Mr. Kerness aye
Mr. Romer aye
Adopted
REPORTS OF REPRESENTATIVES
Tompkins County Legislator Jim Dennis, — arrived later in meeting.
Trumansburg Fire Department & EMS — Mr. Romer distributed report given to him by Chief Fulton.
Trumansburg Village — Ms . Thomas attended the Village meeting on Monday night and asked questions
about the EMS program. The Village replied to her that the Town has the information . Unfortunately, the
copies are not marked final so the Town is not sure if and what they have . Ms . Thomas emailed the
Village Board with further questions . The Village talked to the Town of Ithaca about a backup water
supply but did not include the Town in the conversations . Ithaca will have to evaluate their water needs
before entering into any talks with the Town and Village .
TOWN REPORTS
Planning Board — Mr. Rachuri will include this in his report.
Highway Superintendent James Meeker — absent.
Town Clerk Marsha Georgia reported that a total of $ 1 ,987 .00 was collected in fees for the month of
July and $ 1 ,400 . 62 was turned over to the Supervisor along with her monthly report. Ms . Georgia said
that Big Game licenses go on sale the 15th of August.
Ms. Georgia said that she is now working on the collection of electronics for recycling with Rene Carver.
Code Enforcement Officer Alex Rachun reported on the total number of Building Permits issued for the
month. Mr. Rachun said the Zoning Board of Appeals has several variances to be heard and the Planning
Board has three sub-divisions for review. The Planning Board meets on August 17`h .
Supervisor Roxanne Marino introduced Ms . Darby Kiley the Town ' s new Environmental
Planner/Zoning Officer who is replacing Mr. Rachun as Zoning Officer. Ms . Marino previously
distributed the operating statement in the expanded version to the Board for their review. Ms . Marino
reviewed correspondence from the Water Resources Council looking for municipal representative . The
Tompkins County Legislature is working on a road preservation law and will be holding a public hearing.
Tompkins County Council of Governments (TCCOG) passed a resolution to commission a land use
analysis and impact assessment related to gas drilling.
Another item for the Board to think about is extending the time of final payment of tax bills for an
additional week to just senior citizens . This would be done by a local law.
Deputy Supervisor Sue Poelvoorde — absent
Deputy Supervisor Liz Thomas reported the following :
Cable Contract
• The towns of Caroline, Lansing, Newfield, Danby, Groton, Ithaca and the Village of Freeville are
working together to renegotiate the cable contract with Time Warner Cable from a stronger group
position.
• Most contracts are up for renewal in 2012 -2013
• The subcommittee has no chair yet; the TC Committee on Broadband has offered to help since
the objective of providing high-speed internet could be tied to the cable contracts .
•
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August 10, 2011
Tompkins County Council of Governments Gas Drilling Task Force
• Unfortunately the task force will lose the County Coordinator in October.
• The task force recommended that TCCOG commission a Community Impact Assessment study
like the one done for the Town of Middlefield
(http ://www. otsego2000 . org/documents/forwebsiteMiddlefieldLandUseAnalysis-Greenplan .pdf) .
TCCOG voted to commission the study once funding is secured.
• The task force will next work to aggregate responses to the new version of the sGEIS
(supplemental Generic Environmental Impact Statement) using information and opinions from
111 professionals and experts . This aggregated information can be used by municipalities as they
work to respond to the sGEIS once the comment period begins .
• The Assessment and Land Valuation workgroup of the task force has been very busy
investigating how drilling has and is affecting land values . See their minutes, descriptions of their
work and a white paper the group wrote at http ://www.tompkins-
co. org/tccog/Gas Drilling/Focus Groups/LandValues Assessment. html
• State Comptroller, Thomas DiNapoli released a proposed bill that would address problems
responding to spills and spill cleanup . See the press release at
http ://www.osc .state .ny . us/press/releases/aug11 /080911 . htm . It would create for the first time an
online registry of all gas drilling related incidents in New York State as well as :
o Impose strict liability on owners or operators of drilling sites that cause contamination ;
o Empower the DEC to order immediate clean-up by owner or operator or take over sites
for immediate clean-up or;
o Impose a surcharge on drilling permits to create the Natural Gas Damage Recovery Fund
similar in structure to the existing Oil Spill Fund;
o Require oil and natural gas companies to post surety bonds to cover any shortfall between
Fund resources and remediation costs .
Tompkins County Council of Governments
• In addition to commissioning the study of impacts from drilling on Tompkins County resources,
TCCOG also discussed:
o Redistricting of County representative districts
o Flexibility in dates for seniors to pay their taxes
o The Tompkins County Road Preservation Law
o An energy savings campaign called "Get Your Green Back" intended to help the County
meet its energy savings goals .
Website
Reminder — the new Ulysses website will go live on August 15 . Take a look and give comment
either before or after. http ://beta. ulysses . ny . us/
Youth Commission
• The Grass Roots parking fundraiser brought in 42600 over 2 days . All went smoothly and it
should make more in the following year. A good first try.
Village of Trumansburg
• EMS — Confusion abounds over whether any of the Town ' s comments from the June 27 meeting
were incorporated into the EMS policies. Ms. Thomas has requested all the documents again with
a clear indication of which are drafts and which are final products . She will then resubmit any
unanswered questions in hopes of having the answers in writing this time .
• Water — the Village has been unsuccessful in locating a second source of water through drilling
near their existing well . They met with the Town of Ithaca on August 4 to discuss the possibility
of acquiring water through the Bolton Point water supply.
Town Board Members and Committees no other reports
PRIVILEGE OF THE FLOOR
Several residents spoke — to hear comments go to our web page .
OLD BUSINESS
SEAR FOR ZONING LAW AMENDMENT
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The Board reviewed SEQR Part II and Ms . Marino moved, seconded by Mr. Kerness the following :
SEQR: Proposed Local Law No. 2 of 2011 to Amend the Zoning Law of the Town of Ulysses to
Clarify that Natural Gas and/or Petroleum Exploration; Extraction; Support Activities ; and the
Storage, Transfer, Treatment or Disposal of Natural Gas and/or Petroleum Exploration and
Production Wastes is Prohibited in the Town of Ulysses.
WHEREAS , this action is the enactment of a Local Law amending the Town of Ulysses Zoning
Law, a copy which is which is attached below; and
WHEREAS, this is an Unlisted Action for which the Town of Ulysses Town Board is utilizing
Type I procedures and acting as Lead Agency in an environmental review with respect to the
enactment of this local law; and
WHEREAS , the Town Board, at a regular meeting held on June 14, 2011 , directed that the
Long Environmental Assessment Form, Parts I and II for this action, (hereafter referred to as
"the LEAF") prepared by Town Planning staff, be sent to the Tompkins County Planning
Department for review pursuant to sections 2391 and m of the General Municipal Law; and
WHEREAS , the Town Board of the Town of Ulysses has reviewed the LEAF;
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Ulysses Town Board hereby accepts the LEAF as adequate; and it
is further
RESOLVED , that the Town of Ulysses Town Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law
and 6 NYCRR Part 617 New York State Environmental Quality Review, for the above referenced
action as proposed, based on the information in the EAF Part I and for the reasons set forth in the
EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required .
TOWN OF ULYSSES, NEW YORK .
LOCAL LAW NO. 2 OF THE YEAR 2011
A Local Law to Amend the Zoning Law of the Town of Ulysses
Be it enacted by the Town of Ulysses as follows:
SECTION 1 .
The definition of "Extractive industry" in Article IV of the Zoning Law, Section 4 .2
("Definitions") shall be amended by the addition of the italicized words :
"The extraction of overburden and minerals from the earth; the preparation and processing of
minerals, including any activities or processes used for the extraction or removal of minerals
from their original location and the preparation such as washing, cleaning, crushing, stockpiling
or other process at the mine location that makes a mineral suitable for commercial, industrial or
construction use, but does not include operations extracting natural gas and / or petroleum. For
the purpose of this Zoning Law, borrow pits (excavations for removing material for filling
operations) which exceed 2,000 tons in a one ( 1 )-year period are considered extractive
industry. "
SECTION 2 .
The following definitions shall be added to Article IV of the Zoning Law, Section 4.2 , and
"Definitions" :
Natural Gas and /or Petroleum Exploration: Geologic or geophysical activities related to the
search for natural gas, petroleum, or other subsurface hydrocarbons including prospecting,
geophysical and geologic seismic surveying and sampling techniques, which include but are not
limited to core or rotary drilling or making an excavation in the search and evaluation of natural
gas, petroleum, or other subsurface hydrocarbon deposits.
Natural Gas and/or Petroleum Extraction: The digging or drilling of a well for the purposes of
exploring for, developing or producing natural gas, petroleum, or other hydrocarbons.
ammii
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• August 10, 2011
Natural Gas and / or Petroleum Support Activities: The construction, use, or maintenance of a
storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a
natural gas or petroleum storage facility, or a natural gas or petroleum gathering line, venting
station, or compressor associated with the exploration or extraction of natural gas or petroleum.
Natural gas: Any gaseous substance, either combustible or noncombustible, which is produced in
a natural state from the earth and which maintains a gaseous or rarified state at standard
temperature and pressure conditions, and/or gaseous components or vapors occurring in or
derived from petroleum or other hydrocarbons.
Natural Gas and/or Petroleum Exploration and Production Wastes shall mean any garbage,
refuse, cuttings, sludge, flow-back fluids, produced waters, or other discarded materials,
including solid, liquid, semisolid, or contained gaseous material that results from or is associated
with the exploration, drilling or extraction of natural gas and/or petroleum.
SECTION 3.
The following provisions shall be added to "Article XXI - General Provisions" of the Zoning
Law:
21 . 15. Natural Gas and/or Petroleum Exploration, Natural Gas and/or Petroleum Extraction,
Natural Gas and/or Petroleum Support Activities, Natural Gas and/or Petroleum Exploration
and Production Wastes
21 . 15. 1 The provisions of this section are in further clarification of section 2. 1, of this Zoning
Law, which provides in part: "Any use not specifically set forth as a permitted use in any zoning
district shall be expressly prohibited in that zone. A use specifically set forth as a permitted use
in one zoning district shall not be permitted in another zoning district unless it is specifically set
forth as a permitted use in such district. "
21 . 15. 2 The following uses are not permitted in any zoning district:
21. 15. 2. 1 Natural Gas and / or Petroleum Exploration
I21 . 15. 2. 2 Natural Gas and / or Petroleum Extraction
21 . 15. 2. 3 Natural Gas and / or Petroleum Support Activities
21 . 15. 2. 4 the transfer, storage, treatment, or disposal of natural gas and/or petroleum
exploration or production wastes, or the application of such wastes to land or roadways;
21 . 15. 2. 5 erection,of any derrick, building or other structure or placement of any machinery or
equipment for the purposes outlined in paragraphs 21 . 15. 2. 1, 21 . 15. 2. 2, 21 . 15. 2. 3, or 21 . 15. 2. 4
above;
21 . 15. 3 No permit issued by any state or federal agency, commission or board to any person,
firm or corporation, which would violate the prohibitions of this section shall be deemed valid
within the Town of Ulysses.
SECTION 4.
This local law shall take effect upon filing with the Secretary of State, at which point this local
law shall apply to any and all prohibited activities in the Town of Ulysses regardless of the date
of any applicable New York State Department of Environmental Conservation permits.
SECTION 5.
The provisions of this local law are severable. If any court of competent jurisdiction decides that
any section, clause, sentence, part or provision of this local law is illegal, invalid, or
unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sections
clauses, sentences, parts, or provisions of the Local Law.
SECTION 6.
This local law shall supersede or repeal any prior inconsistent Local Law or local law in the
Town of Ulysses purporting to allow natural gas exploration, natural gas extraction or the
transport, storage, treatment or disposal of natural gas exploration or extraction waste.
Ms . Tyler noted that the Board is not taking this action lightly and that the Town Board, with the help of
the Planning Board and others, has worked on taking the most appropriate action for over a year. All
involved have collectively done a lot of research on this . She thinks that the SEQR declaration should be
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August 10, 2011
SUPER negative because passing this will help preserve the rural character of our Town and also help
protect the health and safety of its residents based on all of the research that has been done .
Ms . Marino asked the Clerk to call a roll-call vote .
Mr. Romer aye
Ms . Tyler aye
Mr. Kerness aye
Ms . Thomas aye
Ms . Marino aye
Adopted
ZONING LAW AMENDMENT RELATED TO GAS DRILLING
Ms. Thomas moved, seconded by Ms. Marino the following:
RESOLUTION ADOPTING LOCAL LAW NO. 2 OF 2011, CLARIFYING THAT NATURAL
GAS AND/OR PETROLEUM EXPLORATION; EXTRACTION; SUPPORT ACTIVITIES ; AND
THE STORAGE, TRANSFER, TREATMENT OR DISPOSAL OF NATURAL GAS AND/OR
PETROLEUM EXPLORATION AND PRODUCTION WASTES IS PROHIBITED IN THE
TOWN OF ULYSSES
WHEREAS , the Town has the authority to adopt the Local Law referred to above (hereafter "the
Local Law") pursuant to Article 9, § 1 of the New York State Constitution and § 10 of the New
York State Municipal Home Rule Law; and
WHEREAS, the New York Court of Appeals has held that a town "is not obligated to permit the
exploitation of any and all natural resources within the town as a permitted use if limiting that
use is a reasonable exercise of its police powers to prevent damage to the rights of others and
to promote the interests of the community as a whole" [Gernatt Asphalt Products, Inc. v. Town
of Sardinia, 87 N Y. 2d 668, 642 N. Y. S. 2d 164 (1996)] ; and
WHEREAS , the power to regulate land use through the zoning powers is expressly delegated to
towns in the New York State Statute of Local Governments § 10(6) and New York State Town
Law §261 ; and
WHEREAS the Local Law is not directed at the regulatory scheme for the operation of natural
gas wells under the Oil, Gas & Solution Mining Law of New York State . This Local Law
addresses land use and nuisance concerns and the protection of the health, safety and welfare of
the people of the Town of Ulysses and the enhancement of its physical environment and is
intended to only incidentally impact the state law set forth in New York State Environmental
Conservation Law Article 23 ; and
WHEREAS, pursuant to page 1 of Article 1 of the Ulysses Zoning Law of 2007, the purpose of
the Zoning Law of the Town of Ulysses is, in part, to promote the health, safety, and general
welfare of the community, to lessen congestion in the streets, to secure safety from fire, panic and
other dangers, to provide adequate light and air, to prevent overuse of land, to avoid undue
concentration of population, to facilitate the adequate provision of transportation, water,
sewerage, parks and to restrict and regulate the size of buildings and other structures, the
percentage of lots that may be occupied, the size of yards, the density of population, and the use
of buildings, structures and land for trade, industry, residence or other purposes in order to
preserve, foster and enhance the native beauty and rural character of one of the most picturesque
and charming communities in the Finger Lakes region of New York State and further states
"Ulysses is a community well known for its fine vistas of farmland, hills and Cayuga Lake"; and
WHEREAS, Town of Ulysses Zoning Law provides that "the regulations, restrictions and
boundaries set forth in this Zoning Law may be amended, supplemented, changed or repealed by
the Town Board pursuant to local law." (Town of Ulysses Zoning Law, Article II/Section 2 . 11 );
and
WHEREAS, the Zoning Law of the Town of Ulysses, Section 2 . 1 , provides in part : "Any use not
specifically set forth as a permitted use in any zoning district shall be expressly prohibited in that
1 zone . A use specifically set forth as a permitted use in one zoning district shall not be permitted
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August 10, 2011
in another zoning district unless it is specifically set forth as a permitted use in such district. ";
and
WHEREAS , the exploration for natural gas and/or petroleum; the extraction of natural gas
and/or petroleum; and the storage, transfer, treatment or disposal of natural gas and/or
petroleum exploration and production wastes is not specifically set forth as a permitted use in
any zoning district and is therefore prohibited in the Town of Ulysses ; and
WHEREAS , the definition of "Extractive Industry" in the Zoning Law, read together with the
Standards for the Extractive Industry in section 17 . 11 , clearly apply to removal of minerals such
as sand, gravel and clay. The Standards refer to removal of more than five hundred tons or
three hundred and fifty cubic yards , whichever is less , or a mineral from the earth, which is a
measurement for sand, gravel and clay, not the extraction of gas and oil . This amendment to the
Zoning Law removes any possibly ambiguity in the term "Extractive Industry" ; and
WHEREAS, it is the intent of the Town Board by this amendment to the Town of Ulysses Zoning
Law to clarify that natural gas and/or petroleum exploration and extraction and the associated
uses of land for heavy industrial uses involved with exploration or extraction of natural gas
and/or petroleum have not been and are not permitted uses of land under the Town of Ulysses
Zoning Law. In addition, the absence of these activities from the list of permitted uses is a
reasonable exercise of the Town ' s police powers to prevent damage to the rights of citizens who
would otherwise be negatively affected by such uses and to promote the interests of the
community as a whole ; and
WHEREAS , the Local Law is enacted to protect and promote the health, safety and general
welfare of present and future residents of the Town of Ulysses . The Local Law is an exercise of
the Town ' s police power, its power to prohibit public nuisance and a land use regulation
designed to protect the Town and its residents from adverse effects and impacts that would
result if natural gas and/or petroleum exploration and extraction and/or the storage, transfer,
treatment, application or disposal of natural gas and/or petroleum exploration and production
wastes were allowed within the Town . As set forth more fully in the Appendix attached hereto
and incorporated herein by reference, there is mounting evidence that widespread negative
environmental impacts have resulted from, or are reasonably expected to result from natural
gas and/or petroleum exploration, extraction and related operations in other areas of the
country, including negative impacts on groundwater quality, surface water quality, air quality,
traffic, scenic and natural resources, neighborhood and community character, vegetation and
habitats ; and
WHEREAS , the Local Law is in conformance with the Town of Ulysses Comprehensive Plan,
most recently amended in 2009, as set forth more fully in the Appendix; and
WHEREAS, the Local Law enhances protection of Unique Natural Areas (DNA ' s), as set forth
more fully in the Appendix; and
WHEREAS, notice of a public hearing on the Local Law was duly advertised in the Ithaca
Journal for June 29 , 2011 at 7 : 00 p .m. at the Trumansburg Elementary School Auditorium; and
WHEREAS, said public hearing duly held on said date, time and place and all parties in
attendance were permitted an opportunity to speak in favor of or in opposition to the Local
Law, or any part thereof; and
WHEREAS , the Town of Ulysses provided an opportunity for members of the public to submit
comments in writing in favor of or in opposition to the Local Law, or any part thereof for a
period of 21 days from June 14 until July 6, 2011 ; and
WHEREAS , pursuant to the New York State Environmental Quality Review Act ("SEQRA") and
its implementing regulations at 6 NYCRR Part 617, adoption of said Local Law is an
Unlisted action for which the Town Board of the Town of Ulysses, acting as lead agency in
an environmental review with respect to adoption of the Local Law and utilizing Type I
procedures, has on August 10, 2011 made a negative determination of environmental
significance, after having reviewed and accepted as adequate the Long Environmental
Assessment Form Parts I and II prepared by the Town ' s Planning staff; and
WHEREAS , the Town Board agrees it is important to make these clarifications to the Town
of Ulysses Zoning Law because the exploration for natural gas and/or petroleum, the extraction
of natural gas and/or petroleum, and related operations in the Town of Ulysses would pose a
significant threat to its residents ' health, safety, and general welfare;
Regular Town Board Meeting 8
August 10, 2011
NOW, THEREFORE, it is
RESOLVED that the Town Board of the Town of Ulysses hereby adopts said Local Law No .2 of
the Year 2011 to amend the Zoning Law of the Town of Ulysses, a copy of which is attached
hereto and made a part of this resolution; and it is further
RESOLVED that the Town Clerk is hereby authorized and directed to file said Local Law with
the Secretary of State as required by law.
APPENDIX TO RESOLUTION ADOPTIN LOCAL LAW NO . 2 OF 2011
The Town Board of the Town of Ulysses hereby makes and adopts the following findings :
1 . The Local Law is in accordance with the 2009 Comprehensive Plan of the Town of Ulysses
(hereafter "the Comprehensive Plan") for reasons including, but not limited to, the
following:
a. The Vision Statement set forth in the Comprehensive Plan articulates what aspects of the
Town are most important to residents, and reflects the quality of life and character
desired by the residents . The Vision Statement reads : " Ulysses is a rural community in
the Finger Lakes region that takes great pride in its agricultural heritage and community
character, natural resources, and small-town atmosphere. Significant community
features, including our farms and lakeshore, make Ulysses a desirable location for
residents and visitors alike. We will continue to celebrate and protect our unique
resources by promoting efforts that support agricultural sustainability, open space
conservation, a balanced approach to economic development, and revitalization of
village and hamlet centers. We will strive to effectively balance future growth with the
consideration of key community assets through proactive planning in a manner that
benefits all residents, both today and in the future. " Town of Ulysses Comprehensive
Plan, p. 17.
b . The introduction of the 2009 Comprehensive Plan states : ". . . The Town has retained its
rural, small-town character even as growth has begun to transform other agricultural
communities around the City of Ithaca. [ . .] The wrong type and scale of future
development could lead to the loss of existing agricultural businesses, changes to the
character of rural roadways as they see increased traffic, and the loss of open space and
scenic views . . . . " (Comprehensive Plan, Introduction, p . 3 ) .
c . The Comprehensive Plan specifies as an action step that "the Future Land Use Plan
[should be used] to guide officials ' decision-making as it relates to future development. "
Action Step . 22
Plan, A p #2 . 1 .A, 22) .
p )
(Comprehensive
d. Policy Area # 1 of the 2009 Comprehensive Plan titled Environment and Natural
Resources states : " The Town of Ulysses is defined by a rich diversity of natural features
and open spaces. The abundance of fields, woodlands, wetlands, gorges, and lakeshore
contribute greatly to the quality of life here, and serve as important habitat for plants and
wildlife. Residents have expressed a strong desire to preserve the quality of these natural
features and resources. To do so, the Town will strive to employ sound development
practices, proper zoning guidelines, and community stewardship to reduce or eliminate
the degradation of these valuable resources. " (Comprehensive Plan, p . 19) .
e. Policy Area #2 of the Comprehensive Plan entitled Sustainable Land Use and
Development states : "Sustainable growth and development shall be encouraged through
the implementation of sound land use planning principles. The rural landscape is an
important attribute of the community; the preservation of the landscape must be balanced
by thoughtful residential and commercial growth that is focused around targeted
development nodes. The Town will support development patterns that conserve its unique
natural resources, reduce energy consumption, and strive to enhance land values within
the Town. " (Comprehensive Plan, p . 22) .
f. Policy Area #3 of the 2009 Comprehensive Plan titled Local Economy states : " . . . We
shall promote a diversified economy that builds on established local industries, including
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August 10, 2011
agricultural production, tourism, and small-business development. [ . . . ] " (Comprehensive
Plan, p. 27) .
g. Policy Area #4 of the Comprehensive Plan titled Community Services states : "Community
programming seeks to provide safe, healthy, and enjoyable ways for residents of the
Town to enjoy natural, cultural, and historic resources, which contribute to the overall
landscape of the Town. We shall seek to identify and provide appropriate opportunities
for all age groups to actively participate in the local community. Municipal and public
services shall be provided in a planned and orderly fashion that seeks to enhance the
rural character of Ulysses. " (Comprehensive Plan, p . 29) .
h. Policy Area #5 of the Comprehensive Plan entitled Community Identity states : " Town
residents are proud of the established community identity of Ulysses as a desirable place
to live and recreate in the Finger Lakes region. We recognize that the Town of Ulysses
and the Village of Trumansburg offer unique opportunities for small business owners,
residents, and visitors. The Town seeks to honor its agricultural heritage and rural
settlement patterns and celebrate its natural beauty and resources. " (Comprehensive
Plan, p . 33 ) .
The Comprehensive Plan includes as an Objective that the Town should "provide a high
quality of life for all residents through proactive planning that supports the goals of the
local community, complements the existing rural character of the Town, and protects the
value of natural and environmental resources. " (Comprehensive Plan, Objective #2 . 1 , p .
22) .
j . The Comprehensive Plan includes as an Objective that the Town should ` protect existing
water resources and maintain water quality " (Comprehensive Plan, Objective #1 . 2, p.
20), and to further that Objective, the Comprehensive Plan specifies as an Action step
that the Town "identify and enact measures to protect the quantity and quality of
groundwater for Town residents, including the protection of open space and prohibiting
over-withdrawal of groundwater resources, and limiting potential negative impacts
associated with septic systems, agricultural practices and commercial containments. "
(Comprehensive Plan, Action Step # 1 . 2 .G, p . 20) .
k. The Comprehensive Plan includes as an Objective that the Town should "protect existing
air resources and maintain the air quality for the health and safety of Town residents"
(Comprehensive Plan, Objective # 1 . 3 , Action Step C . , p . 21 ).
1. The Comprehensive Plan includes as an Objective that the Town should `preserve and
protect the Town 's rural characteristics and agricultural lands " (Comprehensive Plan,
Objective #2. 6, p. 26), and to further that Objective, the Comprehensive Plan specifies as
an Action step that the Town ". . . develop specific strategies for protecting and
maintaining high quality agricultural lands for agricultural uses, and for preserving the
rural landscape. " (Comprehensive Plan, Action Step #2 . 6 .A, p . 26) .
m. The Comprehensive Plan includes as an Objective that the Town should "diversify the
local economy and promote economic growth by supporting and promoting tourism-
based opportunities " (Comprehensive Plan, Objective 3. 2, p. 28), and to further that
Objective, the Comprehensive Plan specifies as Action steps that the Town should:
"Encourage small tourism-based businesses within the Town . . . [and] promote tourism in
the Town and develop partnerships for future tourism-based initiatives. " (Comprehensive
Plan, Action Steps 3 .2 . A, 3 .2 .B , p . 28) .
n. The Future Land Use Plan described in the Comprehensive Plan is intended to represent
and demonstrate how the community believes the Town should look in the future
(Comprehensive Plan, p . 27) . The Future Land Use Plan does not contemplate as
permitted uses high-impact industrial uses such as those used in exploration and
extraction of natural gas and petroleum.
o . Survey results in the Town of Ulysses Comprehensive Plan show that residents of the
Town rated as "very important" the following community characteristics: 71 . 8%
conservation, 69% protection of open space, 62 . 9% clean lake water, and 66. 6%
protection of groundwater. Allowing oil or gas extraction industries into the Town of
Ulysses contradicts these desirable qualities and goes against the wishes of its residents
(Comprehensive Plan, Summary of Community Survey Results 5 . a. pg. 74) .
Mali �
I ) '
I i �
Regular Town Board Meeting 10
August 10, 2011
p . The protection of residents, neighborhoods, and the natural environment constitutes the
highest and best use of the police and land use powers that the Town possesses . Such
land use powers are an important and necessary tool in implementing the goals of a
municipal Comprehensive Plan.
2 . Unique natural areas (DNA' s)
a. In its 1990 inventory and 2000 revision thereof, the Tompkins County Environmental
Management Council identified 10 areas in the Town of Ulysses that are designated
Unique Natural Areas (UNA) that harbor rare or endangered flora and fauna, unique
geologic features or contain excellent examples of ecosystems or biotic communities .
b . The Town of Ulysses officially acknowledged the value and need to protect its
approximately 1 ,540 acres of Unique Natural Areas (UNAs) by passing a resolution on
January 12 , 2010 officially accepting the designation of UNAs as outlined by the
Tompkins County Environmental Management Council as shown on the map dated 1999
(seen at http : //www.tompkins-co . org/gis/maps/pdfs/UNACountyWide-E.pdf) .
c . Designation of a Unique Natural Area in and of itself does not afford any tangible
protections of the area.
d. The Town of Ulysses Planning Board and Town Board are in the process of defining and
adopting amendments to the Town Zoning Law that would protect a significant portion of
the Town in environmentally sensitive areas adjacent to Cayuga Lake by designating a
Conservation Zone and Lake Shore Zone .
3 . State and Federal Regulation and Oversight; concerns include but are not limited to :
a. Federal EPA expressed serious reservations about the scope, accuracy and viability of the
2009 draft sGEIS , the New York State document that will guide regulation of natural gas
extraction
(www .toxicstargeting. com/sites/default/files/Marcellus dSGEIS Comment Letter plus
Enclosure.pdf) .
b . The EPA is currently studying the association of high volume, slick water hydraulic
fracturing with water contamination in a national effort not expected to culminate until
2012 .
c . The United States House of Representatives Committee on Energy and Commerce
released a report in April 2011 titled Chemicals Used in Hydraulic Fracturing which
states, "Yet questions about the safety of hydraulic fracturing persist, which are
compounded by the secrecy surrounding the chemicals used in hydraulic fracturing
fluids ."
d. Studies or analyses of both the long-term and cumulative impacts of high volume slick
water hydraulic fracturing (HVSWHF) operations on a community ' s water, air, health and
economy have not been completed, and no analysis of these type of impacts are included
by the DEC in the Preliminary Revised Draft SGEIS (July 2011 ) .
e. A report authored by University of Oneonta Professor Ronald Bishop and others in
November 2009 for former Congressman Michael Arcuri , states that "proceeding with
any new projects to extract methane from unconventional reservoirs by current practices
in New York State is highly likely to degrade air, surface water and ground-water quality,
to harm humans, and to negatively impact aquatic and forest ecosystems . Mitigation
measures can partially reduce, but not eliminate, the anticipated harm."
(http ://www . sustainab leotsego .org/Risk%20Assessment%20Natural%20Gas%20Extracti
on- l .htm) .
A summary and analyses of the U . S . data and record of experiences with shale gas and oil
extraction included in a recent study by the European Union indicates that these technologies
have had a significant impact on health and the environment. (Impacts of Shale Gas and Shale
Ii Oil Extraction on the Environment and on Human Health, European Parliament 2011 .)
http://www. europarl .europa.eu/activities/committees/studies/download. do?language=fr&fi le=417
71 )
Amami
Regular Town Board Meeting 11
August 10, 2011
4. General concerns related to drilling for natural gas on the health, safety and welfare of the
Town of Ulysses and its residents include but are not limited to :
a. Drilling for natural gas by its very nature has the potential to produce a combination of
negative impacts upon the environment and people living in or in proximity to drilling
operations . Many of these are unavoidable, due to the large land occupation and density
of well drilling required and the relatively high risk of accidents . Such negative
community impacts may include, without limitation, traffic, noise, vibrations, fumes,
damage to roadways, degradation of water quality, degradation of air quality, decreased
availability of affordable housing, increased demand on emergency services, increased
costs to residents, damage to and loss of agricultural lands and soils, damage to and loss
of open space, natural areas, and scenic views, decreased recreational opportunities, and
damage to the tourism industry.
b . Natural gas exploration or extraction or the storage, transfer, treatment, application to
land or roadways, or disposal of natural gas exploration and production wastes occurring
within the Town is likely to endanger the health, safety and welfare of Town residents
through the deposit of toxins and radioactive substances into the air, soil, water,
environment, and the bodies of residents within the Town . Irreparable harm to the
Town ' s drinking water supplies may occur. Methane contamination of groundwater in
severe cases can result in safety hazards such as explosions in residences and businesses
using well water. Town and residents property could be damaged by the corrosive nature
of these wastes .
c . Air, soil, and water contamination may occur during the different stages of natural gas
exploration and extraction operations and the storage, transfer, treatment or disposal of
natural gas exploration and production wastes, and such contamination could have
adverse impacts on plant, human and animal health and environmental quality. Such
impacts, many already documented in other areas, will directly affect the quality of life
and livelihoods of residents of the Town of Ulysses .
5. Risks to water include but are not limited to :
a. The hydraulic fracturing process used in natural gas extraction is exempt from the federal
Safe Drinking Water Act which would otherwise offer some protection to drinking water
sources . Further, chemicals used in the hydraulic fracturing process are not yet required
to be of public record due to trade secret protection, making it difficult to impossible to
evaluate risks that might be associated with this process .
b . The Town of Ulysses is committed to protecting the quality of its water resources
including the approximately 38 acres of wetlands designated by the New York State
Department of Environmental Conservation and its approximately 580 acres of federally
designated wetlands based on the National Wetlands Inventory, 1 ,060,483 feet of
streams, 2,437 acres of Cayuga Lake and 40, 327 feet of shoreline along Cayuga Lake.
c . The United States Geological Survey map titled Unconsolidated Aquifers of Tompkins
County shows that a large portion of the northwest section of the Town of Ulysses is
underlain by the Taughannock Creek Valley aquifer which is a confined aquifer
characterized by sand and gravel and susceptible to contamination from drilling for
natural gas.
d. All residents of Town of Ulysses depend on the purity of lake or groundwater for their
primary drinking water source, either from private wells (the majority of households), the
Trumansburg Village municipal water well located just outside the Town, directly from
Cayuga Lake, or indirectly from Cayuga Lake through the Southern Cayuga Lake Inter-
municipal Water Commission via a municipal water system. A report based on a 2009
survey of Town of Ulysses residents emphasizes the fragile nature and limited capacity of
the groundwater sources for private wells in many areas of the Town.
(http ://www. ulysses . ny. us/tou-water needs report. pdf) .
e. Protection of the Town of Ulysses water sources from potential contamination is an
important goal of the Town of Ulysses .
Regular Town Board Meeting 12
August 10, 2011
f. Surface spills and underground migration of liquid wastes that originate from the
exploration, drilling and extraction of natural gas (whether onsite or during the
transportation of these products to treatment and/or disposal facilities) can occur, and
such products may come into contact with and contaminate and pollute groundwater
and/or soil . Experience from states in which hydraulic fracturing is active indicates that
contamination of drinking water and streams is not uncommon whether it be due to
poorly constructed well casings, cracked well casings, surface spills, leaking containment
ponds, migration of contamination through abandoned wells, or for other undocumented
or unexplained reasons (Fractured Communities: Case Studies of the Environmental
Impacts of Industrial Gas Drilling. Michaels et al . 2010 . http ://riverkeeper.org
/Fractured-Communities-FINAL-September-2010 .pdf) .
g. Water contamination has been documented in a peer reviewed paper in the Proceedings
of the National Academy of Sciences by Dr. Stephen Osborn and others from Duke
University titled Methane Contamination of Drinking Water Accompanying Gas- Well
Drilling and Hydraulic Fracturing which looked at 68 water wells across Pennsylvania.
The research showed levels of methane with the chemical profile of shale-gas in
groundwater were 17 times higher on average in water wells located within a kilometer of
active hydraulic fracturing than water wells where there was no hydraulic fracturing, and
were very often above the federal safety standard for explosions (Proceedings of the
National Academy of Sciences, 2011 . www.peas.org/cgl Idoi/ 10 . 1073/pnas . 1100682108)
h. The presence of methane gas in water wells demonstrates the likelihood of other gaseous
pollutants associated with natural gas development, such as radon. While no studies are
yet available on other such gases as yet, radon is a radioactive substance that is well
documented to pose significant health risks, including cancer.
State University of New York at Buffalo researchers led by Tracy Bank reported that the
Marcellus Shale is naturally enriched in uranium and has enhanced solubility and
mobility due to water-rock interactions over millions of years and hence produced water
secondary to the fracking process contains unacceptably high levels of radioactivity
(http ://gsa.confex.eom/gsa/2010AM/finalprogram/abstract 181465 .htm:
http: //www. buffalo .edu/news/ 11885) .
An analysis on wastewater from the gas and oil industry treated at a brine treatment
facility in Pennsylvania by Dr. Conrad Volz and others from the Center for Healthy
Environments and Communities at the University of Pittsburgh shows levels of barium,
strontium, bromide, benzene, 2-butoxyethanol and other contaminants in the effluent
entering a local creek well in excess of EPA standards for protection of human health and
aquatic life . The report cites concern for those who drink the water from municipal
authorities downstream as well as those who recreate in the area and are exposed to
chemicals emanating from the creek either through skin absorption, inhalation of volatile
compounds, or ingestion of fish taken from the creek (http ://www.marcellus-
shale .us/pdf/Wastewater Josephine 3 -25- 11 .pdf) .
k. Experience in Pennsylvania where hydraulic fracturing is allowed shows produced water
and flow back fluid disposal techniques and regulations at the State level are inadequate
or non-existent and that standard waste water treatment techniques are not effective when
treating these toxic fluids (February 27, March 2, March 4, 2011 articles and supporting
documentation by Ian Urbina,
http: //www.nytimes .com/interactive/us/DRILLING DOWN SERIES .html ; Letter from
U. S . EPA Region 3 Regional Director Shawn Garvin to PA Department of
Environmental Protection, March 7 , 2011 ) .
1 . Roughly 1 , 150 acres in the Town of Ulysses are highly erodible slopes greater than 15
degrees leading to the gorges and streams that feed Lake Cayuga. These slopes are
susceptible to stormwater runoff problems if drilling for natural gas were allowed on
these lands .
6. Risks to air quality include but are not limited to :
a. Significant venting and leakage of natural gas to the atmosphere occurs during shale gas
development (summarized in Howarth et al . 2010, Climatic Change Letters, doi
10 . 1007/s10584-011 -0061 -5 , which relied on 2010 EPA and GAO reports) .
Regular Town Board Meeting 13
August 10, 2011
b . A variety of air pollutants are included in the gaseous releases associated with several
point sources in gas drilling process and with leakage from storage and transmission
infrastructures . Pollutants include benzene, formaldehyde, and other aromatic
hydrocarbons and hydrogen sulfide, carbon disulfide and other sulfur gases in addition to
radon . Development of the Barnett Shale gas in Texas has led to high levels of air
pollution, including benzene concentrations of up to 15 ,000 ppb in air. These
concentrations are high enough to cause acute toxicity (Texas Commission on
Environmental Quality 2010 .
http ://www.tceq. state .tx.us/assets/public/implementation/barnett_shale/2010 .01 .27-
BarnettShaleMonitoringReport. pdf; Town of Dish, Texas 2009 .
http ://www.townofdish . com/obiects/DISH - final report revised . pdf; Impacts of Shale
Gas and Shale Oil Extraction on the Environment and on Human Health, European
Parliament 2011 .
http ://www . europarl . europa . eu/activities/committees/studies/download . do ? language=
fr&file =41771 ) .
c . In the Marcellus Shale region, only limited air quality monitoring has occurred to date,
and the highest concentrations of benzene found are far lower than those found in Texas
for the Barnett Shale, only 758 ppb (Pennsylvania Department of Environmental
Protection 2010 . Southwestern Pennsylvania Marcellus Shale Short-Term Ambient Air
Sampling Report.
http ://www.dep . state . pa. us/dep/deputate/airwaste/aq/aqm/does/Marcellus SW 1. 1. -01. -
10 . pdf) . Still, exposure to levels of chemicals such as benzene at these lower levels can
pose a significant cancer risk. A recent peer-reviewed study suggests a strong link
between low-level chronic benzene exposure and risk of leukemia (Talbott et al . 2011 .
Risk of leukemia as a result of community exposure to gasoline vapors: A follow-up
study. Environmental Research 111 : 597-602) .
d . Emissions from internal combustion engines, primarily using diesel fuel, are a significant
and damaging source of air pollution associated with extraction of natural gas and
petroleum, as these processes rely heavily on such engines for many aspects of the
overall process (such well drilling and fracking and a high frequency of heavy truck trips
to and from the sites) . A study in 2009 by Dr. A . Armendariz of Southern Methodist
University (now Director for EPA Region 6) found high levels of smog-forming
compounds (nitrogen oxides and volatile organic compounds , or VOC ' s) in air associated
with oil and gas production in the Barnett Shale region of Texas, in addition to
greenhouse gases and air-borne toxic chemicals
(www.edf. org/documents/9235 Barnett Shale Report.pdf) . VOC ' s react in the
atmosphere to produce fine particulate matter and ground-level ozone, both of which are
known to cause lung damage and a variety of respiratory conditions including asthma,
chronic bronchitis, and can lead to premature death
( http ://www . citizensforhealthydevelopment. ora/home/harmful-effects-of-diesel-exhaust-
1 ) .
7. Health risks include but are not limited to :
a. The health risks associated with the development of natural gas from shale formations
has received very little study . Two recent reviews highlight the potential for major health
risks and urge precaution. (M . Finkel and A. Law 2011 . The rush to drill for natural gas :
A public health precautionary tale . American Journal of Public Health . Published on
line in advance of print on March 17 , 2011 . doi 10 .2105/AJPH .2010 . 300089 ; B .
Schwartz and C . Parker. 2011 . Public health concerns of shale gas production, pgs . 11 -
15 in Will Natural Gas Fuel America in the 21st Century?
http ://postcarbon .org/naturalgas)
b . Mounting evidence and analyses of hydraulic fracturing for gas extraction since its
inception in the U . S . indicates a variety of environmental and health impacts are
associated with this industry. (Impacts of Shale Gas and Shale Oil Extraction on the
Environment and on Human Health, European Parliament 2011 .
http : // w v . europarl .europa. eu/activities/committees/studies/download .do? language=fr&f
11e=41771 )
c . Concerns over the potential harm to human health from natural gas drilling and the lack
of scientifically established cause and effect relationships have led the Medical Society of
the State of New York and several County medical societies throughout New York State,
including Tompkins County to call for a statewide moratorium on natural gas extraction
Regular Town Board Meeting 14
August 10, 2011
using high volume hydraulic fracturing until valid information is available to evaluate the
potential effects on human health and the environment.
(http ://gdacc .wordpress .com/2010/ 12/ 10/new-york-state-medical-societies-call-for-
moratorium/)
d. The process of high volume slick water hydraulic fracturing has been linked to chronic
diseases such as respiratory ailments, neurologic impairments and the high likelihood that
exposure to fracking chemicals many of which are highly toxic can cause cancer.
. (http ://earthworksaction .org/oil and_gas . cfn
http://www. huffingtonpost.com/2011 /03 /08/wyoming-ait-pol I ution-gas-
drilling n 833027 . html,
http ://www.c ircleofblue. org/waternews/2010/world/north-america/epa-I aunches-national-
study-of-hydraulic-fracturing3 .
8. Community impact findings include but are not limited to :
a. Agriculture and tourism are particularly important activities to promote and sustain in the
Town of Ulysses, according to the 2009 Comprehensive Plan and nearly completed Town
of Ulysses Agriculture and Farmland Protection Plan. A study by the Southern Tier
Central Regional Planning & Development Board indicates that activities associated with
gas drilling "will change the pristine and rural character of the region to a gritty and
industrial one" and that such shift in local land use could substantially damage the future
of the tourism and agriculture industries. Information from other states where drilling is
occurring indicates potentially serious economic consequences for agriculture & tourism.
(http ://www. stcplanning org/) .
b . Based on the experience of municipalities in Pennsylvania currently in the midst of the
active drilling region, traffic and truck traffic has increased significantly resulting in an
increase in accidents, traffic violations, traffic congestion and a need for increased police
patrols .
c . According to preliminary results of an economic study conducted by Susan
Christopherson at Cornell University (http ://www .greenchoices . cornell .edu/downloads/
development/Marcellus/Marcellus Prelim Results .pdf) :
i . An average of 890- 1 , 340 truck trips per well site cause a high potential for road
degradation . Without clear direction from the New York State Legislature,
taxpayers from the Town of Ulysses and Tompkins County are likely to be
financially responsible for resulting road repair.
ii . Bradford County, Pennsylvania saw an increase in demand on health,
educational , administrative, emergency response, and environmental monitoring
services and an increase in public safety costs .
iii . Annual production from a shale gas well declines by about 50 percent in the first
year, leaving royalty revenues to drop and does not constitute a long-term
strategy for economic development in rural areas .
iv. While gas drilling regions in Pennsylvania do show job gains, a vast number of
high paying jobs are not within the state and the long-term economic gain is often
not positive at the pace and scale of development seen in Pennsylvania.
v. A rapid increase in activity can be expected once permitting begins based on
experience from Pennsylvania, where 71 permits were granted in 2007 compared
with 1 ,984 in 2009, which qualifies the pace of development as a boom and
subject to bust.
d. According to County Commissioner Mark Smith of Bradford County, speaking in
December 2010, there has been an increase in traffic accidents, traffic violations, crime,
homelessness, cost of housing, and use of the County Courthouse in Bradford County as
a result of gas exploration and extraction causing an increase in the County budget at the
tax payer' s expense .
n
Regular Town Board Meeting 15
August 10, 2011
e. The State of New York' s system of taxation is outdated and based on a form of gas
extraction that has a steady rate of production over a long time rather than a large initial
peak of production followed by a precipitous decline . Unless New York State addresses
these taxation inadequacies, additional municipal expenses associated with natural gas
extraction will not be offset .
f. Information gathered by the Tompkins County Council of Governments Task Force on
Gas Drilling ' s Land Value and Assessment Workgroup indicates mortgage lending is
often compromised under the conditions stipulated in many gas leases resulting in a
decrease in property value and an inability to sell property. (http ://www.tompkins-
co .org/tccog/Gas Drilling/Focus Groups/LandValues Assessment. html).
Ms. Thomas ' s statement :
The decision to take action to prohibit gas drilling was not taken lightly and I realize we must meet our
energy needs somehow. Lacking a comprehensive energy strategy at the federal level, this leaves towns
such as Ulysses in the midst of the struggle . I became aware of this topic in mid-2009 and since then, this
work has absorbed a huge amount of my time , time I would have preferred to spend with my family, but
the magnitude of the potential changes that could occur to the Town compelled me to become immersed
for two years now.
This topic has many facets and each must be weighed, evaluating the costs and benefits; however the
costs cannot be calculated simply by how much money may come into the area, but must also take into
account the environmental costs and costs to the community AS A WHOLE. In addition to the
cost/benefit analysis, the condition of federal and state regulations and protections must be factored in . In
my opinion, there is mounting evidence that there are serious problems associated with hydraulic
fracturing for natural gas . The industry is moving too fast, methods are not proven safe enough,
regulations are not in place, and the taxation system in NY is not adequate . Simply said, the impacts on
local communities at this time are just too high. The benefits of drilling need to benefit the entire
community, not just a few. Above all, we need to preserve our water quality and that of others in the
region.
Perhaps when drilling is not exempt from the federal Safe Drinking Water Act, when chemicals
considered hazardous wastes in other industries are also considered hazardous wastes within the oil and
gas industry, when State and Federal regulations are tightened, then this zoning prohibition can be
reassessed .
Seeing the potential for the natural gas industry to roll into our area should be a wakeup call to all of us,
encouraging us to use our time and energy to conserve, advocate and use alternative and clean energies,
turn off the lights when not in use, turn down the thermostat in the winter and turn it up in the summer,
car pool, take the bus, be aware every day of your own energy use and how you can reduce it . Now is the
time for change, a time to talk the talk and walk the walk into a better energy future.
Supervisor Marino' s statement :
The Town of Ulysses has a long and dynamic history of both land use planning and zoning. During the
planning process for the most recent (2009) update of our Comprehensive Plan, particular characteristics
in the Town were identified as being very important to the residents .
The rural character, agricultural lands and natural resources all were identified as highly valued in
contributing to a positive quality of life . The Comprehensive Plan Vision Statement, intended to guide
future actions, recognizes the value of the agricultural heritage, natural resources, scenic view sheds,
environmental assets, tourism potentials, recreation opportunities, and beauty of the Town . The Future
Land Use Plan calls for growth in designated areas and that is appropriate in scale and balanced and
sustainable for the future .
After a great deal of investigation and consideration of available information, I strongly believe that
natural gas extraction as currently proposed for our area is not in any way consistent with the Town of
Ulysses land use planning goals. This activity has never been permitted in our Zoning Law, and this local
law tonight makes it clear that is still the case and gives extensive documentation as to why it is an
unacceptable land use activity for our Town.
A couple of pieces of information that really resonated with me are :
1 ) An analysis presented by Art Pearce, working with the Tompkins County Natural gas drilling
task force working group on mapping the extent and potential impacts of drilling as proposed by
the NYS DEC draft sGEIS (at a public presentation in Ulysses in June) . Using available data on
• Regular Town Board Meeting 16
August 10, 2011
land leases in the Town and a proposed drilling unit spacing of 1 mile, he estimates that 14
square miles in Ulysses, out of 32 square miles total outside the Village, or 44% of the land area
of the Town, could have wells and the high heavy truck traffic, light, noise, land disturbance and
other intensive support activities required associated with it. That is, 44% of the Town area,
distributed throughout the Town, could have this type of intensive industrial activity; essential a
widespread heavy industry zone. This is not appropriate scale, balanced or sustainable land use
for the Town .
2) A very recent study by the European Union Parliament Economic and Policy department
evaluated all of the information available from the US since the inception of gas drilling using
hydrofracking, and concluded that: "The technology for shale gas development has
characteristics which . . . have a possible high risk for environmental damages and hazards to
human health even when applied properly. One of the unavoidable impacts is huge land
consumption and major landscape changes, as the well density must be very high in order to
fracture the source rocks at the large scale for access to the stored gas. "
The costs of this type of land use to the Town are too high, the risks too great, and the regulations as
currently proposed are too inadequate for the Board to do anything other than what we are doing tonight
in passing this resolution .
Ms. Tyler's statement:
Ms . Tyler said that she is very heartened by this action and she really appreciates the Town members, the
Planning Board and Town staff and everyone else who put work into coming up with this law. Ms . Tyler
said that she feels that it is just a beginning and we not an island in Ulysses; we are surrounded by other
municipalities. She feels that there needs to be a call to action of people that understand this issue and
members of the audience could use the appendix in the Ulysses ' s resolution to correct misinformation that
is being put out there about the gas drilling, the economic impact, and the environmental impact. She feels
that we have a duty to our neighbors as well as to ourselves to tell the truth about this issue. Coming here
tonight she drove through Massachusetts and saw many, many signs pro gas drilling so she thinks that
there is education that needs to go on here and feels like everyone in this room can be an educator in
regards to this .
Ms . Marino asked the Clerk to do a roll call vote .
Ms . Thomas aye
Mr. Kerness aye
Mr. Romer aye
Ms . Tyler aye
Supervisor Marino aye
Adopted
The residents in attendance gave a standing ovation to the Board.
RESOLUTION ON WATER ISSUE WITH TOWN OF ITHACA
Ms. Marino moved, seconded by Mr. Romer the following:
AGREEMENT ON WATER BILLING AND WATER LOSS WITH THE TOWN OF ITHACA
WHEREAS the Town Board of the Town of Ithaca and the Town Board of the Town of Ulysses
entered into an agreement to share water service for Ulysses Water District Number 3 and
Town of Ithaca residences in the Woolf Lane area on October 30, 2003 and
WHEREAS there has been disagreement since 2003 over the exact amount of water used in each
municipality and
WHEREAS there has been disagreement with the Town of Ithaca since 2004 over billings for
water delivered to the Town of Ulysses and
WHEREAS the Town of Ithaca Director of Public Works, previous Budget Officer and
Supervisor investigated the matter thoroughly and exhausted the supply of information relative to
the matter, as did the Town of Ulysses Supervisor, Bookkeeper and Water Maintenance and
Distribution Operator, and
WHEREAS the Town Board has reviewed the background information summarizing the situation
and options (document written by Supervisor Marino, attached)
Regular Town Board Meeting 17
August 10, 2011
NOW THEREFORE BE IT
RESOLVED that the Town of Ulysses agrees to pay the Town of Ithaca $21 ,254 .46 in full
payment for any unpaid water billing balance since 2004 and
FURTHER RESOLVED that upon payment of $21 ,254 .46 the Town of Ulysses agrees in
principle with amending the 2003 water agreement such that the Town of Ithaca will pay for
water loss in the Woolf Lane area of the Town of Ithaca associated with routine operation of the
distribution system, with the specific cost methodology to be negotiated by a subcommittee
consisting of the Supervisors and other Town Board, staff or advisory committee members as
designated by the Supervisors, and appointed as soon as possible after this and the Town of
Ithaca resolutions are adopted and
FURTHER RESOLVED that with the agreements on past billing and water loss as detailed in the
Resolved sections above, the Town of Ulysses hereby rescinds intentions to construct a two-way
water meter in collaboration with the Town of Ithaca .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Tompkins County Legislator Jim Dennis reported on the County ' s activities particularly related to the
2012 budget and the County Legislative redistricting as the result of the 2010 Census changes .
NEW BUSINESS
TIMELINE AND PUBLIC HEARING FOR CONSERVATION ZONE & LAKESHORE ZONE
(ZONING LAW AMENDMENT)
Ms . Marino reported on discussions with Alex Rachun and Darby Kiley regarding the next zoning actions
on the Town's docket, which are the proposed Lakeshore and Conservation Zones . Ms . Marino also spoke
with Mariette Geldenhuys about the legal aspects of what is required to help inform the Board ' s decision
on how best to proceed through the necessary steps . The main point out of the conversations is the Board
can either choose to :
a) adopt a Local Law amending the Zoning Law (as with the gas drilling amendment) , or
b) adopt a revision of the Zoning Law document.
She noted that both paths require the same procedural steps -- i) a document that summarizes ALL of the
changes to be made to the Zoning Law, in near final form, to be available to the public in advance of the
public hearing; ii) A County review of the above document; iii) a SEQR determination; iv) vote of the
Town Board .
She recommends the Town Board pursue revision of the Zoning Law, option b, to add the Conservation
Zone and Lakeshore Zone , the requisite new Zoning map, and modified references throughout the Zoning
Law to ensure consistency. The update can also include revision of Article 3 , to correct the known
procedural issues, and the addition of the language from the Local Law passed this evening amending the
Zoning Law on gas drilling. The Town would then have one, updated Zoning Law document that would
, be much clearer and easier for the public and our Planning and Zoning staff to use .
She noted that there is a significant amount of work to do either way (a or b) in preparing a
comprehensive document ready for a public hearing that will not require substantial further revisions and
multiple public hearings . As such, the Town simply does not have the staff time to also prepare this
document and do all the review and cross-checking and updating necessary to support a Town Board
decision within the next 3 -4 months .
Ms . Marino asked Bergmann Associates, for a quote to assist with the preparation of an updated Zoning
Law with mapping.
The Board discussed this and Ms . Thomas moved, seconded by Ms . Marino the following :
Regular Town Board Meeting 18
August 10, 2011
BE IT RESOLVED that the Town Board of the Town of Ulysses accepts the quote of
Bergmann Associates for the following work:
• Zoning Map Update associated with addition of Conservation and Lakeshore Zoning Districts
• Review of Conservation and Lakeshore Zoning District text and regulations
• Incorporation of Conservation and Lakeshore Zoning Districts into existing code
• Review of Code to ensure all references impacted by addition of C & L districts are modified
for consistency and any required modifications are made
• Minor additions to definitions consistent with addition of Conservation and Lakeshore Zoning
Districts
• Conversion of entire zoning code to format that will allow ease of use and future updating by
the Town
• Revisions to Article 3 as determined necessary
Not to exceed the amount of $5 ,000 .
Ms . Marino aye
Ms . Thomas aye
Ms . Tyler aye
Mr. Kerness abstained
Mr. Romer aye
Adopted
Second Board Meeting for August
The Board changed the date of the second Board Meeting to August 25 , 2011 , at 6 : 30 p.m.
PRIVILEGE OF THE FLOOR
Comments can be heard on the web site.
ADJOURNMENT
Hearing no further comments, Ms . Marino moved, seconded by Mr. Kerness to adjourn the meeting.
Unanimously approved. Meeting adjourned at 9 : 30 p .m.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
MLG : mlg