REGULAR SESSION
FIRST DAY
Wednesday, July 7, 2010
The Chairman called the Board to order, the roll was called and the following Representatives were found to be present:
Relic, Powers, Clark, Murphy, Fournier, Lindberg, Dubben, McCarty, Schwerd, Stayton, Rothenberger, Rowinski, Stuligross.
Under Privilege of the Floor, Doug Delong of Roseboom stated that he is opposed to the fracking process for gas drilling. As a doctor he is concerned about health risks from the chemicals used. He stated that the County Board will hear from both sides of the issue and felt that the truth is somewhere in the middle. Dr. DeLong encouraged the County Board to pass a moratorium.
David Hutchison of Oneonta stated that the city only owns about half of its water supply so they depend on the County, Towns and State to keep the water clear. He said that once the gas companies have the right to drill, they can come back anytime in the future as the technology changes. When the gas is gone, wells will eventually be capped with steel and cement, which can dissolve over time and cause problems. Mr. Hutchison felt that an escrow account needs to be established by each drilling company to cover the cost of future problems. In addition, drilling will develop a false economy for the region. Most of the revenues will go to the gas companies.
Andy Minnig of Cherry Valley expressed concern that many people attending today’s County Board meeting cannot get into the Board Room and many will not have a chance to speak. He stated that the venue for today’s meeting should have been changed so all citizens would have the opportunity to express their concerns. Mr. Minnig felt that the County Board was not acting for the welfare of the people in Otsego County.
Ron Bishop, a Chemist, stated that he recently did some work in Sidney. He pointed out that the village smells like dry cleaning chemicals because of the last flood. Mr. Bishop asked where DEC and EPA officials were when this problem occurred. Once problems occur, they cannot be fixed. If ground water contamination occurs from gas drilling, Otsego County could be another Sidney. Mr. Bishop stated that the NYSDEC is not reliable, and a moratorium is needed to develop a backup plan to handle problems.
Barbara Monroe stated that she visited Pennsylvania and felt that what was seen would not be tolerated in New York, such as sludge and truck traffic. There will be no containing the problems once the drilling companies are in the door. People will become sick, and house prices will decline. Ms. Monroe stated that a moratorium is needed.
Kenneth Fogarty stated that he visited Pennsylvania and felt that careful and cautious analysis is necessary. He felt that the county must insist on the best safety procedures and learn what technologies are available. Mr. Fogarty cautioned the County Board not to rely on the advice of gas companies as they are out to make a buck. A moratorium is needed to study this complex issue.
Martha Duke of Westville explained that she and her husband made a major investment in restoring their historic home. They care for this area. Gas drilling will affect the quality of life and every road where drilling will occur. She stated that trucks shake the ground, create noise and pollution, and cause roads to deteriorate. Mrs. Duke questioned who would pay for road maintenance and how prepared the County Board is for a decrease in property values.
Russell Honiker of Cooperstown stated that in Wyoming there is no place to drill without finding benzene. He asked if gas companies can do anything that the County Board will object to and hopes the County Board has a change of heart.
Norman Farwell stated that everything, including quality of life, is at stake. Nothing can be assured, such as the safety of the aquifer. He said that we do not need the energy. Gas will poison us through both the drilling process and its use.
Steve Bonnell stated that gas companies will talk about how they mitigate and minimize problems, but are these safety practices followed through when leases are sold to other companies. He stated that he saw attempts of DEC to monitor spills, but the monitoring was lacking and contamination was left. Protection of the environment needs to be looked at because the cumulative effects of gas drilling are unknown. Mr. Bonnell said that a moratorium is needed to resolve the issues before gas drilling begins.
Carol Ralbag of Laurens stated that if the County Board cannot fax a letter to Sampson saying it wants a moratorium, then the people will work to get current County Representatives out of office.
Anna Marie Lusins of Oneonta stated that she is in support of safe drilling. She suggested it would provide more help for farmers and prevent kids from leaving the area for better jobs. Mrs. Lusins stated that the area needs to sustain itself and that local laws are effective. She said to let this process proceed safely.
Noelle DaSilva from Gilbertsville stated that she went to Pennsylvania and saw every 500 yards a new roadway with a well head and tanks of toxic chemicals. She spoke with a woman whose well had been polluted because proper precautions were not taken. More regulations are needed, but even that will not guarantee total safety. Ms. DaSilva stated that a 3% failure rate is predicted, which could be about 750 wells in New York. Why are we in a rush? A moratorium is needed to study the issues.
George Harris stated that he is concerned about the ability to regulate the gas drilling industry. He said the Soil and Water Conservation District is not prepared to regulate the process with no funding to provide oversight and asked if local officials are concerned about the matter.
Chairman Dubben terminated the public comment period and scheduled a public forum on gas drilling for July 21, 2010 at 6:00 p.m. in the Courthouse.
The Chairman declared a short break.
The Board reconvened.
The minutes of June 2, 2010 were approved.
The following communications were read and ordered filed:
David K. Butler – Letter urging the County Board to consider Neal McManus being immediately appointed as Director of the Code Enforcement Office.
Joseph D. Booan, Jr., Cooperstown Village Mayor – Letter thanking the County Board for its generosity to the Village of Cooperstown in allowing the Cooperstown Village Police to use the second floor of the Old Jail as temporary headquarters.
Petition with 127 signatures requesting the County Board to declare an immediate moratorium on hydrofracking in Otsego County and on county lands.
Summons and Complaint – Verizon New York, Inc. versus County of Otsego - For damage to Verizon’s cables and conduits in the town of Middlefield. Amount claimed is $15,000.
Under Special Presentations, Orville Cole of Gastem USA presented information on gas drilling. He reviewed a poster identifying water in the area of the Ross gas well in the town of Maryland prior to Gastem’s drilling and after drilling. Gastem is accountable to the EPA, SRBC, NYS DEC, county laws and industry standards and is willing to work with the county to establish a local database of wells, including their location and conditions, and a baseline water quality study. He stated that they have controlled what roads were used by trucks, developed a Stormwater Pollution Prevention Plan for the site, made public presentations for community residents, provided on-site tours and have made public test data available. Mr. Cole said Gastem has established Best Practices for all of its operations, such as minimum one mile water testing. He added that a study has estimated 111,000 new jobs will be created from drilling in the Marcellus Shale region. Otsego County does not have as much gas as the Binghamton area so the potential for development in the county will be less then other areas.
The Chairman declared a short break.
The Board reconvened.
The reports of the Standing Committees were given and ordered filed.
Representative Lindberg moved to dispense with the reading of all resolutions. Seconded, Relic. Total: 6,167; Ayes: 5,777; Absent: 390 – Johnson. Motion carried.
RESOLUTION NO. 230-20100707
RESOLUTION - AUTHORIZING CHAIRMAN OF THE BOARD
TO CONTRACT FOR HAULING AND DISPOSAL OF WASTE FROM OTSEGO COUNTY BUILDING FACILITIES
(CASELLA WASTE MANAGEMENT)
MCCARTY, RELIC, LINDBERG, SCHWERD
WHEREAS, the Oneonta City School District advertised jointly with the County of Otsego for sealed bids for the hauling and disposal of waste from Otsego County’s Building Facilities; and
WHEREAS, the Director of Building Services has made a report to the Public Works Committee of this Board and this Committee has made a recommendation to this Board that the bid of Casella Waste Management of N.Y., Inc. be awarded; now, therefore, be it
RESOLVED, that the Chairman of this Board of Representatives be and is hereby authorized to contract with Casella Waste Management of N.Y., Inc., 49 Lower River Street, Oneonta, New York, in accordance with the bid received as follows:
ITEM: Hauling and Disposal of Waste from the
Cooperstown Office Building, Meadows Complex,
Otsego Manor and the Highway Building
BIDDER: Casella Waste Management of N.Y., Inc.
49 Lower River Street
Oneonta, New York 13820
COST: Total cost not including recyclables for all
four (4) Building Facilities including tipping
fees for the period October 13, 2010 to
June 30, 2011 - $11,297.41 plus $72.00 per ton
on compactor only.
and be it further
RESOLVED, that said contract shall contain such other terms and conditions as are in the best interests of the County of Otsego; and be it further
RESOLVED, that funding for this contract is included in the County Office Building Budget (1625-A) at line 4900 Contracts.
Seconded, Schwerd. Roll call vote. Total: 6,167; Ayes: 5,777; Absent: 390 – Johnson. Adopted.
RESOLUTION NO. 231-20100707
RESOLUTION – AWARDING FUEL OIL, LOW SULPHUR DIESEL
FUEL, KEROSENE, PROPANE AND PROPANE STATION
CONTRACTS FOR COUNTY OF OTSEGO
MCCARTY, RELIC, LINDBERG, SCHWERD
WHEREAS, the Otsego County Purchasing Department advertised for sealed bids for supplying No. 2 fuel oil, low sulphur diesel fuel, kerosene, propane and propane station to the County in accordance with specifications prepared and advertised to proposed bidders by the Otsego County Purchasing Agent; and
WHEREAS, the Purchasing Agent has made a report to the Public Works Committee of this Board, and this Committee has made a recommendation to this Board that the lowest responsible bids be accepted; now, therefore, be it
RESOLVED, that Chairman of the Board is hereby authorized to enter into contracts to purchase No. 2 fuel oil, low sulphur diesel fuel, kerosene, propane and propane station from the following firms for the period July 1, 2010 through June 30, 2011 inclusive, and that said contracts shall be in accordance with bid specifications, as well as contain such other terms and provisions as are in the best interests of the County of Otsego:
ITEMS No. 2 Fuel Oil
AND Tanker Load (6,500 gallons minimum)
COST: $ +.0505 Firm Differential
No. 2 Fuel Oil
Regular Delivery Truck
$ +.2910 Firm Differential
Ultra Low Sulfur Diesel Fuel
Delivered as needed
Tanker Load (6,500 gallons minimum)
$+.0449 Firm Differential
Regular Delivery Truck
$ +.2585 Firm Differential
BIDDER: Mirabito
44 Grand Street
Sidney, New York 13838
------
ITEMS Kerosene for Mixture Purposes in Winter Blends
AND $ +.0650/.3385 Firm Differential
COST:
Dyed kerosene, delivered as needed
$ +.3385 Firm Differential
BIDDER: Mirabito
44 Grand Street
Sidney, New York 13838
------
ITEMS Propane Station and Propane
AND $ +.31 Firm Differential
COST:
BIDDER: Suburban Propane
6178 State Highway 7
Colliersville, New York 13747
and it be further
RESOLVED, that the funding for these contracts is included in the various 2010 County Building Budgets at line 4150 Heat and Lights and 4560 Fuel.
Seconded, Fournier. Roll call vote. Total: 6,167; Ayes: 5,777; Absent: 390 – Johnson. Adopted.
RESOLUTION NO. 232-20100707
RESOLUTION – AUTHORIZING THE FILING OF AN APPLICATION FOR STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE
APPROPRIATE LAWS OF NEW YORK STATE
FOURNIER, MCCARTY, POWERS, MURPHY
WHEREAS, the State of New York provides financial aid for household hazardous waste programs; and
WHEREAS, the County of Otsego, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and
WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid;
NOW, THEREFORE, BE IT RESOLVED BY the Otsego County Board of Representatives
1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized;