Minutes of the Regular Meeting of the Town Board of the Town of Kirkland held at the Town of Kirkland Municipal Building, 3699 State Route 12-B, Clinton, Oneida County, New York on June 29, 2011, at 7:00 p.m.
Present:
Supervisor Robert J. Meelan
Councilman Michael D. O'Neil
Councilman Mark C. Lewis
Councilman Fred A. Lomanto
Councilman Anthony F. Arcuri
Supervisor Meelan called the regular meeting to order and asked all persons to stand for the Pledge of Allegiance.
Supervisor Meelan opened the Public Hearing on Local Law #1 of 2011 entitled, "Hydrofracking Moratorium Law". The Legal Notice of Public Hearing, which was published in the June 15, 2011 edition of the Courier, has been made a part of these minutes. Approximately 70 people attended the Hearing.
Pastor Kevin Bunger, Annunciation Church, Clark Mills, was in favor of the Moratorium. He said that millions of gallons of water are used per frack and an individual well can be fracked many times. The fracking industry can obtain this large amount of water locally. A Water Withdrawal Bill limits the amount of water that can be taken out of the State's streams, rivers and lakes to 100,000 gallons; withdrawal over this amount will require a State permit. Estimates of water usage is in the trillions of gallons and this water will be eliminated from the water cycle permanently.
Margot Unkel, State Route 12, Clinton, was in favor of the Moratorium and spoke about additional traffic created by hydrofracking. One single well will create 1,355 truck loads of material brought to the site; therefore, truck traffic for the one well would total approximately 3,000 trips. A typical drilling site can contain 25 wells in the first year. The impact of the truck traffic would destroy roads, create traffic jams, and increase noise and air pollution.
Toshia Hance was in favor of the Moratorium and spoke about how gas drilling affects property values. She listed banks that will not lend to properties with or adjoining to a "gas leased" property. Home insurance increases or companies have dropped insurance on homes due to the potential hazards.
Gary Colarusso, New Street, Clinton, was in favor of the Moratorium and noted that the maximum gross vehicle weight of a tractor trailer in New York State is 80,000 pounds. He noted that the intersection of NYS Route 233 and College Hill Road has become a thoroughfare for truck traffic. On June 20th he counted 78 four and five axel trucks at that intersection within a 24 hour period. One well would create 1,355 trips to the site. There would be a constant flow of traffic 24 hours a day, seven days a week.
Bonnie Reynolds, NYS Route 12, was in favor of the Moratorium and noted that the holding lagoon for the millions of gallons of contaminated water produced by each well also contain levels of radioactivity. Fracking fluid is patented and sold by Halliburton and in 2005 Dick Cheney, pushed through legislation that allows frackers to keep the ingredients in fracking fluid secret. Ms. Reynolds urged government to ban hydrofracking until the chemicals are revealed and full public disclosure as to the deadly threat to our water, air, health, environment and finances. Fracking fluid has shown up in water supplies 27 miles from the nearest well. NYS passed a Compulsory Integration Law. She explained that if a neighbor allows fracking and your property is included in the spacing unit decided by the frackers, you are legally forced to participate. NYS is providing no funding to municipalities when the heavy trucks destroy the roads. Ms. Reynolds urged the Town Board to work with adjoining townships to put together a unified ban on horizontal hydrofracking.
Katherine Collett, Post Street, Clinton, was in favor of the Moratorium and stated the economic effect of hydrofracking. Food co-ops and grocery chains will not purchase local foods that come from areas with contaminated land, water and/or air. The wine, farm, dairy and tourism industries in the Marcellus shale areas would feel a negative economic impact.
Peter Bianco, New Hartford, noted that the Town of New Hartford has passed a six month moratorium and he urged Kirkland to also adopt the moratorium and form an alliance with New Hartford. He also talked about the thousands of trucks and millions of gallons of water that would be used in the hydrofracking process.
Carleton Cory, Red Hill Road, New Hartford, noted that he is also speaking on behalf of Phyllis Delia. He said that hydrofracking is a very heavy industrialized process and it will change the landscape forever. Residents would be living with a landscape that is scarred by drilling rigs, huge tanks, wellheads, compressor stations and pipelines. Residents would breath toxic air and leave the future generations with millions of gallons of brine and toxic chemicals deep within the earth.
Supervisor Meelan asked the public if there was anyone that was against the moratorium. No one spoke.
Bill Thickstun, Kirkland Democratic Committee Chairman, read a letter from Chad Davis, Oneida County Legislator. Mr. Davis noted the negative affect hydrofracking has on banking and the mortgage industry. He said many banks and commercial lenders will deny mortgage applications if there is a well on the property or, if gas wells are contained on neighboring lands. Legislator Davis listed eleven banks that would not issue loans under these circumstances.
Mr. Thickstun added that the moratorium on hydrofracking is a non-partisan issue that affects everyone - to ensure that we have a safe environment and good, reliable water.
Supervisor Meelan noted that he received two letters in favor of the moratorium from Kenneth Crane and Bill & Ann Hameline.
Dr. Robert Matthews, St. Mary's Avenue, Clinton, was in favor of the moratorium because there is no substantiated science supporting legislation. There is no evidentiary scientific details affirming that public health will be completely protected when hydrofracking occurs. Environmental damages are not reversible.
Mona Perrotti, Utica Street, Clinton, was concerned that hydrofracking would affect air quality and public health; especially the health of children. Air pollutants can spread 200 miles away.
Tom Cattelson, Foote Road, Clinton, said that the State must complete a proper, strategic environmental assessment of the total hydrofracking process.
Doreen Markson, South St., Clinton, talked about the experiences of people in Pennsylvania that were affected by fracking. Residents could not sleep because hydrofracking continues 24 hours a day, seven days a week, 365 days a year. Gas companies tore down stands of trees and there was tension between neighbors.
Amy Buchholz, Town of Marshall, was in favor of the moratorium and spoke to the Board about the problem of methane migration. Eighty five percent of sixty five wells in Pennsylvania that were within a mile of fracking had highly elevated levels of methane. Methane is explosive and also carries other poisonous gases. She was concerned that the local sensitive aquifers are in danger of being poisoned permanently.
Sandy Scofield, was in favor of the moratorium and said that hydrofracking does not create energy independence. Natural gas is a world commodity and is traded on the world market as such. United States already exports natural gas.
James Ring, Griffin Road, was in favor of the moratorium and noted that
the frack fluid leaches radioactive radium out of the shale. When the frack water is pumped back out of the well, it is laced with radium, a potent carcinogen. NYS is not prepared to handle the billions of gallons of radioactive wastewater that the Marcellus is capable of producing.
Tom Phelan, Wilson Road, was in favor of the moratorium and was concerned that the "little guy" will lose his pristine environment to "big industry".
He urged all governments, legislators and the community to actively get involved and protect the "little people".
The people discussed banning hydrofracking and using home rule - zoning & road use laws that will hold up in court to protect the health and safety of the residents in the township.
Francis King, College Street, was concerned that a moratorium or a ban can be overturned by New York State.
At 8:20 p.m. Supervisor Meelan asked if anyone wanted to speak in opposition to the moratorium. There was no one present who wished to address the Board in opposition to the Moratorium Law.
RESOLUTION #46
Upon motion of Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board close the Public Hearing on the Hydrofracking Moratorium Law.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Meelan noted that a Referral Form was sent to Oneida County Department of Planning and a recommendation was received approving the moratorium.
RESOLUTION #47
Upon motion of Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board adopt Local Law No. 1 of 2011, entitled: Moratorium on Construction, Exploration, Erection, Processing, Development (Including Drilling) and/or Installation of Hydrofracking Facilities".
This Resolution was adopted by the following votes:
Supervisor Robert J. Meelan Voting Aye
Councilman Michael D. O'Neil Voting Aye
Councilman Mark C. Lewis Voting Aye
Councilman Fred A. Lomanto Voting Aye
Councilman Anthony F. Arcuri Voting Aye
Councilman Arcuri noted that the local law gives the Board a year to study the issues without hydrofracking.
A motion was made by Councilman Lewis, seconded by Councilman O'Neil to approve the minutes of June 13, 2011 as printed.
Upon the roll call, five voted aye, none opposed and the motion was declared carried.
Each Board member reviewed the proposed "leash law", which they received in advance of this meeting.
RESOLUTION #48
Upon motion of Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board schedule a Public Hearing for August 8, 2011, 7:00 p.m. at the Municipal Building regarding Local Law #2 of 2011 to amend the Code of the Town of Kirkland, Chapter 45, entitled "DOGS".
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Meelan informed Board members that two contracts were drafted by Attorney Hallak. One contract was for compensation for the use of Mike Orsino's lift at the Arena. The other contract was between the Town and Ellen Moon, doing business as Sk8rs' Moon Figure Skating Pro Shop at the Arena. Board members had no objection to Supervisor Meelan signing these contracts.
Councilman Arcuri said that in the first year of the new State Property Tax Cap, a majority of Board members can override the 2% tax increase limit.
Councilman Arcuri also noted that Superintendent of Highways Scott has received the engineer's drawings and specifications for the repair of the Highway Garage.
RESOLUTION #49
Upon motion by Councilman Arcuri, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board advertise for bids to repair the Highway Garage, with the bids to be opened on Tuesday, July 19, 2011, 9:00 a.m. at the Municipal Building, 3699 State Route 12B.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
RESOLUTION #50
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board schedule a Special Board Meeting for Tuesday, July 19, 2011 at 9:00 a.m. at the Municipal Building to open the bids for the repair of the Highway Garage.
Upon the roll call vote, five voted aye, none opposed and the motion was declared adopted.
No one on the Town Board had any changes or additions to the Workplace Violence Prevention Rules, drafted by Attorney Hallak. Copies of the rules will be given to Department Heads for review.
Board members discussed buying one or two air conditioners for the Senior Citizen building. It was decided to purchase one or two window air conditioners and one or two new windows, suitable for installation.
A motion was made by Councilman Lewis, seconded by Councilman O'Neil to pay the bills as audited. Upon the roll call vote, five voted aye, none opposed and the motion was declared carried. The totals were:
A - $35,777.47
B - $17,431.08
DA - $10,644.67
DB - $33,545.85
SS1 - $7,634.91
A motion was made by Councilman Lewis, seconded by Councilman Lomanto to enter into executive session to discuss a contractual and a personnel matter; and invite RoseMarie Arcuri to attend.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
A motion was made by Councilman Lewis, seconded by Councilman O'Neil to adjourn the executive session.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
RESOLUTION #51
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board appoint Nina C. Caporale as Assessor for the Town of Kirkland for the remainder of 2011, effective July 4, at a salary of $7,050.
FURTHER RESOLVED, that the Kirkland Town Board appoint Bernie Szarek as Clerk to the Assessor for the remainder of 2011, at $10.00 an hour.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
There being no further business to come before the Town Board, upon motion by Councilman Lewis, seconded by Councilman O'Neil the meeting adjourned at 9:10 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
