ENERGY & RESOURCES AD HOC COMMITTEE

MEETING MINUTES

May 23, 2011

 

** NOT APPROVED **

 

Members:     Kevin LaForge, Fred Sinclair, Glen Benson, Curt Crandall, Marv Covert, Mike Healy, Guy James

Others           Mitch Alger, Tom Barber, Kier Dirlam, Dwight Fanton, John Foels,

Present:        Karl Graves, Ted Hopkins, Jeff Luckey, John Margeson, Sandra Sheldon,

 

1.            CALL TO ORDER: 

The meeting was called to order by Chairman Kevin LaForge at 11:05 a.m.

 

2.            APPROVAL OF MINUTES

The minutes from May 9, 2011 were reviewed. On a motion by F. Sinclair, and seconded G. Benson by the minutes were approved.

 

3.            LAND USE AGREEMENTS [STEUBEN COUNTY MODEL]

    • The Ad-Hoc Committee reviewed the edited version of the Site Plan Review Law.  This would be given to the Towns and Villages for them to utilize as a template that they can modify to fit their needs.  It would be up to the local municipality to work through this with their own lawyer to draft a final version. 
    • Ted Hopkins asked if there is a way to modify a plan based on this law?  There should be a simple mechanism in the law allowing minor modifications.
    • Fred Sinclair asked if this has been given to the Highway Superintendents?  Not this law, the highway agreement has been distributed.  It was noted that a copy should go to all Highway Superintendents, Town Supervisors and Village Mayors when it is finished.
    • The Site Plan Review allows for a pencil sketch to be initially brought to a board before a professional version is done to make sure that the projects are viable without incurring large upfront costs.
    • Discussed the Application Requirements and that a Civil Engineer would be needed to actually review the applications by each Town. This would need to be addressed by each Town/Village well before they began receiving projects. The fees associated with a Town or Village having an Engineer review the Site Plans can be built into the law as a pass through to the applicant.
    • It was noted that some language should be put in regarding the right of an applicant to appeal a decision and how that would be handled.
    • Karl Graves asked if the Town could ask Allegany County to do this? Kevin LaForge indicated that it is not in the County’s mission.
    • The Exemptions list indicates thresholds that determine if a project needs to follow these rules or not.
    • Marv Covert noted that Centerville had some experience with the Wind Project that had been proposed up there and they had to go through this process of review.
    • Tom Barber asked if this is part of a future land use control methodology. Kevin LaForge indicated yes we want to offer the Towns and Villages a package that they can utilize in developing their own laws.
    • Section V Decisions needs to be revised to have an appeals method and minor changes methods.

 

4.            TOWN/VILLAGE OFFICIAL MEETING

  • Mike Healey and Fred Sinclair both indicated that they were in favor of putting the Highway rules and the Site Plan Review out to the Supervisors and Mayors.
  • Curt Crandall indicated that probably late July would be a better time to try than late June would due to all the graduation and end of school conflicts.  The meeting could be schedule for July 27th or 28th perhaps at the Amity Rescue Squad building. 
  • Fred Sinclair asked if we would consider a Saturday morning but the committee felt that it would be better during the week in the summer time while a Saturday morning might work for a meeting in the winter.
  • Mike Healey asked Mitch Alger to find a suitable speaker from Steuben County to discuss these laws.

 

5.            GOOD OF THE ORDER:

  • Kier Dirlam noted that there was an article in the Alfred Sun stating that the Village of Alfred has passed a law against Hydrofracking and that they met with the Town of Alfred Board on this issue also.
  • Fred Sinclair made a proposal to the Ad-Hoc Committee: “We are a country that is based on freedoms and liberty up to the point of them impacting our neighbors.  That is how the State and Federal Environmental laws are conceived.  The Oil & Gas Industry has been given exemptions that are putting our citizens in jeopardy.  A synopsis by the Sierra Club was reviewed on CERCLA, RCRA, SDWA Clean Water Act, Clean Air Act, NEPA, EPCRA [ http://newyork.sierraclub.org/SA/Vol40/ConservationAction.htm ]  With this series of exemptions the private landowners have limited opportunity to fight.  I propose that we should support Strict Regulation of the Oil & Gas industry to the same levels that every other industry has to exist within.  The loopholes should be removed.”  Fred Sinclair made a motion to draft a resolution to reinstate the intensive regulation controls. 
  • Marv Covert stated that we need to consult with the landowners before we ask for more regulations and bring them together to get their opinions.
  • Glenn Benson indicated that the DEC and EPA are all over the Oil & Gas industry and fine them regularly as part of the enforcement of State and Federal Laws so we don’t need to increase that oversight.  The regulations need to be reasonable and the Lobbyists are the ones who have created this issue.
  • Fred Sinclair indicated that the Agricultural industry does not get these breaks and no other industry does.  If an oil/gas tank releases VOC’s this could affect the organic Farms ability to comply with their regulations, as they would be contaminated by the release.
  • Ted Hopkins asked if the exemptions were revoked what would happen to all the existing wells in Allegany County and the jobs/profits that are associated with these operations. 
  • Mike Healey noted that he feels that we should be making a responsible decision and he would need to hear both sides of the issue further to do this. Mike indicated that doing something that would cause increases in unemployment is a major concern.
  • John Margeson stated that this is an Ad-Hoc Committee so it cannot create a resolution it has to be done by the Committee of jurisdiction, which is the Ways and Means Committee.  Ways and Means has to be the sponsor.
  • Fred Sinclair was told that he could draft a carefully worded resolution for the Ad-Hoc Committee to look at during the next meeting which if approved would be forward for consideration by the Ways and Means Committee.
  • Curt Crandall indicated that this resolution is beyond Allegany County and that while we can make a statement, it is of limited value as it is a Federal issue not a local one.  We have to consider the effect on all of the industries in our county when we make statements like this.
  • Next meeting is scheduled for June 27, 2011 at 11 AM.

 

6.            ADJOURN:

On a motion by M. Healey, seconded by F. Sinclair is carried to adjourn the meeting at 12:15 p.m.

 

Notes as taken by K. Dirlam