ENERGY & RESOURCES AD HOC COMMITTEE
March 22, 2010

** NOT APPROVED **


Committee Members Present

K. LaForge, F. Sinclair, G. Benson

 

Others Present

C. Crandall, J. Margeson, M. Alger, D. Fanton, T. Hopkins, M. Healy, P. Curren, J. Foels, and S. Grugel

 

Energy & Resources Ad Hoc Committee Chairman Kevin LaForge called the meeting to order at 11:04 a.m.

 

Coudersport Gas Expo

Chairman LaForge gave on overview of the Expo and stated it was well attended and successful.  Legislator Fanton spoke on the Water Seminar which he attended.  Penn State will send a resource person to meet with the county, but the county has to pay their mileage.  He explained about concerns pre and post drilling when drilling is near a water source, especially springs.  The ground banging associated with drilling does affect springs and landowners need to be aware to protect their water source.  A third party or independent firm should be involved for water testing pre and post drilling as well.  Water is disbursed in three stages:

 

1.      First third of water is pre-usable with no contaminations

2.      Second third needs treatment for sediment

3.      Last third is processed and can remove contaminants, however not salt.

 

Saline affects the water downstream and there are issues with getting contaminated water processed.  He stated although the seminar was not “anti-drilling” they stressed the importance of landowners being informed that their water source could be affected and there needs to be a system to process contaminants so it’s not harmful to tributaries creating an environmental concern.  

 

Environmental Concerns

There was discussion regarding radiation, which is short-lived.  Our area has a higher level of radiation than Pennsylvania.  Legislator Sinclair reported radiation has different levels of radio-nuclei with four days for radon.  There is a large demand for water supply and the construction of ponds is favorable in a drilling area to avoid extracting from local streams.  DEC permits are required for ponds over a million and a half gallons, and some ponds may be restricted based on acreage.  A three million gallon pond against a berm would need a permit.  The question was asked if Soil & Water Conservation can provide services in this area and they no longer do.

 

Landowner Education

McKean County is starting to lease property and attorneys are finding unscrupulous activity.  It is imperative that landowner education is provided and they are finding that there is strength in numbers with landowners banding together as a group.  Legislative Chairman Crandall reported on a program he saw on WNN News, out of Binghamton, where they have a very pro-active group of landowners and possibly we could reach out and touch base with this group.  Sherry Grugel also mentioned that IOGA is a great source for information as well.  Chairman Crandall stressed the need to provide our citizens with accurate information and they get good legal advice and have contracts checked before signing.  Legislator Benson reported that there are large amounts of acreage leased and sold, unbeknownst to some landowners.  An owner of the mineral rights is not always disclosed on your deed and landowners need to be aware.  Citizens can inquire at the County Clerk’s office to get a copy of their deed for a minimal fee.  Chairman LaForge mentioned land agents will first research land to be sure landowner does actually own the mineral rights.  In New York State, mineral rights can be separated from property rights and deeds should but don’t always reflect this.  If you own your minerals rights, that doesn’t necessarily mean you own the “leasing” rights.  Mineral rights differ with depth and determining depth can involve the DEC.  Committee agrees public education is a priority and possibly look into sponsoring an education forum.  Chairman LaForge suggested guest speakers for future meetings.  Legislator Healy also suggested a representative from New York State and get information from entities not locally involved.

 

Workforce Development

Chairman LaForge reported on an article in the paper where the high school in Bradford, PA is starting a program in education for gas drilling jobs.  He suggested the possibility of BOCES starting one here.  Legislator Sinclair also has some “plug-in” programs he can provide as well.  He suggested we combine our information and give to the Employment & Training Office to be compiled together as an information packet.  Sherry Grugel said that this should fall under the “In Demand Occupation” program E&T offers and they should be able to provide training.  Legislator Sinclair will schedule a meeting with Gerry Garmong, Director of Employment & Training.

 

Local Vendor Opportunities

This category was covered at the Expo and a great deal of information was provided.  (Brochure attached.)

 

County and Local Government Roles

There was discussion about the protection of transportation infrastructure and the roles towns and villages play.  Legislator Fanton stated that many local towns have already incorporated local laws and posted roads and bridges. Most towns are very pro-active and the Town of Willing is already discussing.  If roadways are not posted “by permit” then it can be protested and equipment over 8 tons, especially logging trucks, need a permit.  Milk trucks do not require permits.  The conditions of a permit cover damage repair.   There may need to be additional resolutions for bonding of roadways.

 

Support Resolution

Chairman LaForge presented a draft resolution for review to petition the Governor to expedite through his Executive Branch Agency, the NYSDEC, the final promulgation of regulations for natural gas drilling and most specifically hydro fracturing related to the same.  After discussion it was addressed that former Legislator, William Dibble, had previously drafted a resolution last year regarding the same concern.  A copy of Resolution 06-09 was disbursed to members for review.  There was discussion regarding the Environmental Review process which has not been completed.  Benson commented that if we can get the DEC to open it up, there will be no problem getting people on board.

Chairman LaForge questioned if this resolution could be re-visited off the floor at today’s Legislative Board Meeting.   Upon consultation with County Administrator John Margeson and the County Attorney it was determined that Resolution 06-09 could be re-visited off the floor today and memorialized.   Referred to Ways & Means Committee

 

Wind Energy

Chairman Crandall reported that at such time New York State indicates freeing up funds for wind energy, Allegany County will move forward.   There should be a window of time, approximately six months, to do the necessary public relations and hold multiple monthly meetings if necessary.  If and when it comes will be the time to present facts and educate the county residents.  There is not as much involvement with the land process for wind versus drilling.  With wind energy, the concern is only who owns the “surface” land.  Respected agencies and information specialists should provide on-going education to residents.

 

Adjournment

The next meeting will be Monday, April 26th at 11:00 a.m.  There being no further business to come before the committee, a motion was made by Legislator Sinclair, seconded by Legislator Benson and carried to adjourn the meeting at 12:03 p.m.

 

 

Respectfully submitted,

 

Cathleen L. Whitfield, Recording Secretary

Confidential Secretary to the Director of Development