HomeMy WebLinkAboutMN-CC-2009-12-22COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 6:00 p.m. December 22, 2009
PRESENT:
Mayor Peterson
Alderpersons (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
EXCUSED:
Alderperson Mohlenhoff
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
PUBLIC COMMENT:
BPW Commissioner Wade Wykstra addressed Council to stress the importance of New
York State to set a proper model for hydraulic fracturing drilling as it is an issue of global
importance.
SPECIAL ORDER OF BUSINESS:
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 - Resolution
By Alderperson Dotson: Seconded by Alderperson Tomlan
WHEREAS, the City of Ithaca is the center of Tompkins County in terms of population,
economics, and community, with a population exceeding 29,000, and 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 provided the potential for energy exploration
companies to exploit this resource in the northeastern portion of the United States,
including Tompkins County, in which the City of Ithaca is located; and
WHEREAS, the City of Ithaca recognizes that, if properly regulated, the development of
natural gas resources in New York State could financially benefit some county property
owners; and
WHEREAS, the City of Ithaca also realizes that the aforementioned potential financial
benefits could easily be offset by damage to key components of 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
WHEREAS, land-use planning in the City of Ithaca is guided by a set of Comprehensive
Plan documents, a Zoning Ordinance, and other planning and zoning tools; and
WHEREAS, over many years and in debates about many planning and community
issues, City of Ithaca residents have overwhelmingly identified environmental protection
as an issue of great concern in land-use and growth management policies and actions,
both within the boundaries of the City of Ithaca and in the surrounding area of Tompkins
County, which directly affect conditions in the City of Ithaca; and
WHEREAS, the City of Ithaca has historically taken an active role in the siting and
permitting of development within its borders, including control of the placement of
industry and other land-use activities; and
2
December 22, 2009
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, City of Ithaca taxpayers have expended millions of dollars developing,
maintaining and protecting clean drinking water sources, and our community enjoys
water resources from three major bodies of water, Six Mile Creek, Fall Creek and
Cayuga Lake, within the City of Ithaca, which supply three water treatment plants (for
the City of Ithaca on Six Mile Creek, for the Southern Cayuga Lake Intermunicipal Water
Commission on Cayuga Lake, and for Cornell University on Fall Creek) which together
are rated to supply water to 91,000 people; and
WHEREAS, in addition to residential, commercial and industrial zones, the City of
Ithaca is also comprised of sizable areas either prioritized for conservation or likely to be
significantly impacted by upland water or other disturbances, including 333.2 acres of
Unique Natural Areas, 467.2 acres of NWI or NYSDEC wetlands, 449 acres of State
and City parklands, and contains 629 acres of lands in excess of 15% slope totaling
16% of its total land area, in addition to owning 750 acres of lands outside the City
boundaries for our Six Mile Creek water source; and
WHEREAS, taxpayers in the City of Ithaca, with those from the Towns of Ithaca and
Dryden, have expended millions of dollars in an intermunicipal effort realized in the
Ithaca Area Wastewater Treatment Plant to develop, maintain and upgrade advanced
wastewater processing facilities including biological processes that are not designed to
treat fracturing fluid and wastewater from natural gas operations; and
WHEREAS, under the proposed permitting process, 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, under the proposed permitting process, 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 may be 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 natural 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 proposed 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, or adequately dedicated, 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, under the proposed permitting process, 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
3
December 22, 2009
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, under the proposed permitting process, the widespread development of
natural gas resources in New York State would involve the regular transport of heavy
equipment and routine hauling of large volumes of hydraulic fluid and hydraulic
fracturing wastewater, exceeding 40 tons per vehicle, over state, county and municipal
roads and bridges, and
WHEREAS, according to NYSDOT, New York State and Tompkins County reportedly
contain the same alarmingly high percentage (37%) of structurally deficient or
functionally obsolete bridges, thus creating potentially dangerous conditions and a
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 under the proposed permitting process, no such advance
notification requirement exists; and
WHEREAS, a comprehensive analysis of the statewide impacts, or even of the
countywide impacts, of natural gas development utilizing a “full build-out” scenario has
not been done as part of the analysis for the currently proposed permitting process; and
WHEREAS, the City of Ithaca 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 Common Council of the City of Ithaca hereby requests that the
Honorable David A. Paterson, Governor, withdraw from 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, and be it further
RESOLVED, That the Common Council of the City of Ithaca directs a letter be sent to
Governor David A Paterson from this body outlining our multiple concerns that the
approach taken by the State of New York under his leadership regarding the
development of Marcellus Shale resources via horizontal drilling and high-volume
hydraulic fracturing, including the current environmental review process undertaken by
the Department of Environmental Conservation and the current dSGEIS, does not
adequately address the significant risk of irreparable harm to our water supplies, our
communities, our landscapes and our economic industries, and be it further
RESOLVED, That the Common Council of the City of Ithaca requests that no new
permits be issued for horizontal drilling and deep well hydraulic fracturing until the
issues mentioned earlier in this resolution and in more detail in the attached letter and
comments are addressed, and be it further
RESOLVED, That a copy of this resolution and this letter shall be sent to Governor
Paterson, NYSDEC Commissioner Alexander “Pete” Grannis, NYSDEC Executive
Deputy commissioner Stuart Gruskin, NYSDEC Division of Mineral Resources Director
Jack Dahl, State Senators George Winner, James Seward, and Michael Nozzolio, State
Assembly Speaker Sheldon Silver, State Assemblywoman Barbara Lifton, Chair of
State Senate Committee on Environmental Conservation Antoine Thompson, Chair of
the Upstate Caucus Senator Darrel Aubertine, Chair of State Assembly Committee on
Environmental Conservation Robert Sweeney, Chair of the Assembly Energy
Committee Kevin Cahill, Attorney General Andrew Cuomo, U.S. Representatives
Maurice Hinchey and Michael Arcuri, U.S. Senators Charles Schumer and Kirsten
Gillibrand, Mayor of Binghamton Matthew T. Ryan, Mayor of Elmira John Tonello,
4
December 22, 2009
Cornell University President David Skorton, Ithaca College President Thomas Rochon,
New York State Conference of Mayors, New York State Association of Counties, the
New York Association of Towns, and others as appropriate.
Alderperson Dotson stated that the City is not likely to see drilling activity, but it has a
watershed that needs to be protected. She further stated that New York State did a less
than exemplary job in preparing the Draft Supplemental Generic Environmental Impact
Statement (DGEIS) as it did not completely address the issues. The DGEIS is only one
step in the process, and the Governor needs to be made aware of the City’s concerns
regarding the process that has been established.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously (9-0)
NEW BUSINESS:
Wild Fire Restaurant Alcohol Permit Request for 2010 – Resolution
By Alderperson Myrick: Seconded by Alderperson Schuler
WHEREAS, the City Clerk has received a request to allow the Wild Fire restaurant to
utilize certain areas along Cayuga Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Wild Fire restaurant, including the responsible sale and consumption
of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Wild Fire
restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (9-0)
ADJOURNMENT
On a motion the meeting adjourned at 6:40 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor