A Public Hearing was held on June 7, 2012 at 7:00pm at the Town Hall
Re: Exploration for or Extraction of Natural Gas.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilman Spano Town Clerk Gundberg
ABSENT:
Attorney Christiana
PLEDGE:
Supervisor opened the meeting and Mike Baden led in the Pledge of Allegiance to the Flag.
Town of Rochester Local Law # 2 of 2012
Exploration for or Extraction of Natural Gas
I. Title
This Local Law shall be known as the “Exploration for or Extraction of Natural Gas Local Law”, adopted as the Town of Rochester Local Law # 2 of 2012.
II. Enactment
This Local Law is adopted and enacted pursuant to the authority and power granted by the Constitution and Laws of the State of New York including without limitation the Municipal Home Rule Law of the State of New York, Articles 2 and 3, and Article 2 of the New York State Statute of Local Governments, and pursuant to the authority of Section 265 of the New York State Town Law.
III. Purpose
A. It is the purpose of this Local Law to promote the protection, order, conduct, safety, health, and welfare of the residents of the Town of Rochester and the lands that lie within the Town’s borders.
B. It is the purpose of this Local Law to protect and enhance the Town’s physical and visual environment.
- It is the purpose of this law to respond to the legitimate concerns of the citizens of the Town about the potential for Exploration for and/or Extraction of Natural Gas in the Town and about the potential for major portions of the Town and its citizens to be adversely impacted by such Industry.
D. It is the purpose of this Local Law to uphold and implement the Town of Rochester Comprehensive Plan, as currently adopted.
E. The Town Board, in adopting an updated Comprehensive Plan in November of 2006, established the following vision statement:”
“It seeks to establish a reasonable balance between important goals of the community and the rights of individual property owners so that:
• Growth can take place without compromising the quantity and quality of drinking water available to all Town residents.
• New development is sited and designed to minimize the amount of taxes that must be raised town-wide to provide new facilities and services to support that development.
• Rochester may take advantage of changes in the national and regional economy to build the Town’s economic base by encouraging small business, tourism, arts, agriculture and historic preservation. (NOTE: for the purposes of this Plan, a small business is an enterprise employing 25 or fewer persons.)
• To the greatest extent possible, the Town remains an affordable place to live.
• Development complements and strengthens Rochester’s small town quality and character.
• Growth occurs in a way that minimizes loss of open spaces or scenic views.
F. Further, the Town Board, in adopting by Local Law an update to the Zoning Law in 2009 declared the following:
“It is the legislative intent of this Chapter to provide standards and procedures to guide land use and new development. This Law is specifically intended to implement the Town of Rochester Comprehensive Plan, including but not limited to the following objectives:”
A. Directing growth by encouraging concentrations of new residential, non-residential and mixed-use developments in areas that currently are or that can be conveniently served by roads, utilities, schools and other facilities.
B. Directing large-scale or intensive development to areas with adequate infrastructure.
C. Broadening housing opportunities in the Town of Rochester to provide housing for all populations including young families, senior citizens, working families and households, single adults and others.
D. Offering incentives to encourage better site design and use of energy efficient principles in new development projects.
E. Protecting historic resources.
F. Protecting the quantity and quality of the water supply by strengthening measures to prevent groundwater contamination, assuring protection of surface waters, preserving wetlands and encouraging the provision of sewage collection and treatment to hamlets.
G. Protecting important natural resources identified in the Town’s Natural Resources Inventory.
H. Minimizing disturbance to wildlife and vegetation from the effects of new development.
I. Regulating flood plain development.
J. Providing for continued commercial and industrial growth.
K. Allowing for home-based occupations.
L. Preserving productive farmlands as a viable industry resource and means for maintaining open space.
M. Encouraging agro-tourism activities by farms and otherwise promoting and developing agriculture.
N. Protecting the Catskills and the Shawangunk Ridge by limiting clearing and intensity of use so as to maintain existing character.
O. Creating guidelines for new development and its landscaping that maintain a high-quality built environment while preserving and using natural beauty wherever possible.
P. Recognizing historical neighborhoods and preserving small-scale mixed use development patterns in these areas.
Q. Preventing intrusion of incompatible uses in residential areas so as to ensure privacy for residents and their freedom from nuisances.
R. Ensuring signage in Town is both attractive and functional.
S. Reducing traffic congestion and improve the safety of the roads in the Town.
T. Requiring adequate setbacks and off-street parking for both residential and non-residential uses.
U. Encouraging alternatives to strip commercial development, by encouraging new development in hamlet areas and/or concentrated nodes that minimize the road frontage and curb cuts required.
V. Ensuring new construction provides adequate access for emergency services.
W. Encouraging the use of conservation subdivision, planned unit development, transfers of development rights and other flexible techniques for simultaneously preserving open spaces. protecting natural resources and accommodating new development.
X. Protecting the community against unsightly, obtrusive and noisy land uses and operations.
Y. Providing public access to trails and other recreational resources.
G. Further, it is the purpose of this Local Law to control those activities related to the Exploration for or Extraction of Natural Gas, which may impact wetlands, lakes, streams, groundwater resources, drinking supplies, public roads, historic landscapes, Agriculture, small town character, and the town’s tourism and recreational- based economy. Impacts related to the Exploration for or Extraction of Natural Gas that the Town Of Rochester seeks to avoid include, but are not limited to contaminated water supplies, air pollution, traffic congestion, deterioration of roads and bridges, noise, introduction of industrial uses into non-industrial areas, human and animal illness, and incompatible changes to the rural character of the Town.
H. This Local Law is intended to be of general applicability, in conjunction with Chapter 140, Zoning, and is intended to regulate all uses, practices, and methodologies associated with the Exploration for or Extraction of Natural Gas, except as provided herein.
IV. Definitions
“Natural Gas” shall mean any gaseous substance, either combustible or non-combustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from other hydrocarbons.
“Natural Gas Exploration” shall mean geologic or geophysical activities related to the search for natural gas, or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, or other subsurface hydrocarbon deposits.
“Natural Gas Exploration and Production Materials” shall mean any solid, semi-solid, liquid, semi-liquid or gaseous material used in the exploration or extraction of natural gas.
“Natural Gas Exploration Production Wastes” shall mean any garbage, refuse, cuttings, sludge, flow-back fluids, produced waters or other discarded materials, including solid, liquid, semi-solid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas.
“Natural Gas Extraction” shall mean the digging or drilling of a well for the purposes of exploring for, developing or producing natural gas or other subsurface hydrocarbons.
“Natural Gas Extraction Support Activities” shall mean the construction, use, or maintenance of storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas storage facility, or a natural gas gathering line, venting station, or compressor associated with the exploration or extraction of natural gas.
V. Regulation
A. Prohibition against the Exploration for or Extraction of Natural Gas. No land in the Town shall be used: to conduct any exploration for natural gas; to drill any well for natural gas; to transfer, store, process or treat natural gas; or to dispose of natural gas exploration or production wastes; or to erect any derrick, building, or other structure; or to place any machinery or equipment for any such purposes.
B. Prohibition against the Storage, Treatment and Disposal of Natural Gas Exploration and Production Materials. No land in the Town shall be used for: the storage, transfer, treatment and/or disposal of natural gas and production materials.
C. Prohibition against the Storage, Treatment and Disposal of Natural Gas Exploration and Production Wastes. No land in the Town shall be used for: the storage, transfer, treatment and/or disposal of natural gas exploration and production wastes.
D. Prohibition against Natural Gas Extraction Support Activities. No land in the Town shall be used for natural gas extraction support activities.
E. Bulk Fuel Storage. No provision of this Local Law shall be deemed to regulate the use known as “Bulk Fuel Storage” as defined in Chapter 140, Zoning.
F. Invalidity of Permits. No permit issued by any local, state or federal agency, commission or board for a use which would violate the prohibitions of this section or of this Local Law shall be deemed valid within the Town.
VI. Enforcement
Upon authorization by the Town Board, the Town may institute an action or proceeding in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this law.
VII. Severability
If any part or provision of this local law is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Law or the application thereof to other persons or circumstances. The Town hereby declares that it would have enacted the remainder of this Law even without such part or provision or application.
VIII. Conflict
In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promo-tion of the public health, safety, and welfare. Whenever the require-ments of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or local laws, the most restric-tive, or that imposing the higher standards, shall govern.
IX. Effective Date
This local law shall become effective immediately upon the filing in the office of the New York Secretary of State pursuant to section 27 of the municipal home rule law.
PUBLIC COMMENT PERIOD:
24 residents of the Town of Rochester spoke against Hydrofracking. Several spoke out to encourage other Town’s to join forces because water has no boundaries and the only way to protect the water quality is if we all work together to ban fracking state -wide.
Many residents agreed that they moved to the Town of Rochester or decided to raise their families in the Town of Rochester because of the beautiful pristine environment, great drinking water and a beautiful tourist attractions and Hydrofracking in our area faces a real threat; property values will decrease, quality of life wont be the same and residents encourage people to educate themselves & others and take a look for yourself at the devastation fracking has caused to families in PA.
It was agreed amongst many that fracking is a violation of human rights not only for our generation but for generations here on after.
One resident asked that petroleum be included in the local law because it all is involved in the same process. It’s important not to have any loopholes for these fracking companies; we need to have the most restrictive laws in place.
The residents commend the Town Board for being pro active on this issue and taking action to preserve the quality of life in the Town of Rochester.
PUBLIC HEARING CONTINUED:
A Motion was made by Councilman Cilenti to continue the public hearing on
July 5, 2012.
Seconded by: Councilwoman Archer 3-0aye, motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Town Board Meeting was held on June 7, 2012 at 8:30 pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti Councilman Drabkin
Councilman Spano Town Clerk Gundberg
Attorney Christiana
PUBLIC COMMENT PERIOD:
There was a discussion in regards to the transfer station no longer taking brush.
Councilwoman Archer discussed with the Town Board possibly referring to the Town of Rochester Board of Ethics to be placed back on the time warner cable committee.
APPROVAL OF MINUTES:
A Motion was made by Councilman Drabkin to approve the minutes of the 05/03/2012 Regular Town Board Meeting, the 5/10/2012 Public Hearing and the 05/31/2012 Audit Workshop Meeting.
Seconded by: Councilman Cilenti Unanimously approved
SUPERVISOR’S REPORT: Filed with the Town Clerk
CORRESPONDENCE RECEIVED:
The Palentown school has scheduled an open house on June 23, 2012 between the hours of 1-3pm.
LEGAL MATTERS:
Nothing to report at this time
LIAISON REPORTS:
Councilwoman Archer: PB: Cliff Mallory was appointed by the County Planning Board to serve as the Town of Rochester alternate. Mike Baden was appointed to the executive committee. The t-mobile neg. declaration was approved. A pre application for a Bed and Breakfast on Evers lane was submitted. A topic of discussion was the proposed local law # 2-2012: Exploration of natural gas. HPC: held a successful presentation on renovating your house at the Rochester Reformed Church. Councilman Cilenti who also attended stated it was very informative and had an excellent turnout.
Councilman Cilenti: Grievance day was held on May 24, 2012. There were 11 complaints in writing, 16 appearances & 10 stipulations.
Councilman Drabkin: working on fees for the transfer station in comparison to the UCRRA.
Councilman Spano: the fire district distributed the standard op guidelines.
Supervisor Chipman: ECC : working with Friends of Historic Rochester for heritage day. YC: the summer program has 15 registered.
NEW BUSINESS:
FRIENDS WAY EASEMENT AND RIGHT OF WAY:
Resolution # 80-2012:
A Motion was made by Councilman Drabkin to approve the Friends way easement between the Friends of Historic Rochester and the Town of Rochester granting the right away for the consideration of $ 1.00.
Seconded by Councilman Cilenti 5-0 aye, motion carried
T-MOBILE BOND:
Resolution # 81-2012:
A Motion was made by Councilman Cilenti to accept the $ 5,000.00 bond from t-mobile for cell tower located on Airport Rd.
Seconded by: Councilman Drabkin 5-0 aye, motion carried
Resolution # 82-2012:
A Motion was made by Councilman Cilenti to accept the $ 5,000.00 bond from t-mobile for cell tower located on Route 209.
Seconded by: Councilwoman Archer 5-0 aye, motion carried
ROAD BOND ROCK MOUNTAIN RIDGE:
Resolution # 83-2012:
A Motion was made by Supervisor Chipman to accept the offer of $250,000 bond for subdivision on Rock Mountain Ridge.
Seconded by: Councilman Spano
DISCUSSION:
It was discussed to have the Highway Superintendent to access the subdivision to review the road to see what the cost would be for the correct standards of the subdivision.
0-5 nays, motion not carried
HAULING ROAD MATERIAL:
Resolution # 84-2012:
A Motion was made by Councilman Drabkin to accept the lowest bidder Shogun Trucking in the amount of .20 per mile.
Seconded by: Councilman Cilenti 5-0 ayes, motion carried
CONSTABLES:
There was a lengthy discussion about the constabulary service. Previously requested statistics and research on crime rates, types of crime incidents in the Kerhonkson/ Accord area was unavailable .It was agreed upon to have Supervisor Chipman discuss with Attorney Christiana the best avenue to have the Court Officer trained to help prepare him for the job.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 9:37 pm.
Seconded by: Councilwoman Archer Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on June 28, 2012 at 7:00pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilman Cilenti Councilman Drabkin
Councilman Spano Town Clerk Gundberg
ABSENT:
Councilwoman Archer
PLEDGE:
Supervisor opened the meeting and Carol Fischer led the Pledge of Allegiance to the Flag.
PARKING ON TOWPATH:
Supervisor Chipman stated that parking on both sides of the road located at the swimming hole on Towpath Rd. known as the “deep hole” is causing traffic hazards and obstructing passage for emergency vehicles. Supervisor Chipman stated that he is asking the Town Board at the July 5, 2012 Town Board meeting to schedule a public hearing for the July 26, 2012 audit workshop meeting adding Towpath Road on the list of “ no parking zones” in accordance with section 132-2 of the code of the Town of Rochester.
APPROVAL OF BILLS:
A Motion was made by Councilman Drabkin to approve the following bills as audited this date
General Fund 2012 Abstract 06 $ 32,608.04
Highway Fund 2012 Abstract 05 $ 76,610.21
Street Lighting $ 389.65
______________——-___
$ 109,607.90
Seconded by: Councilman Drabkin motion carried motion carried
TRANSFER STATION FEES:
Resolution # 85-2012:
A Motion was made by Councilman Drabkin to increase the fee of tires up to 16’ from
$ 1.75 to $ 3.50 per tire, effective 8/01/2012.
Seconded by: Councilman Cilenti 4-0aye, motion carried, Archer-Absent
Resolution # 86-2012:
A Motion was made by Councilman Drabkin to charge $ 1.75 per item located in the free bin area, effective 8/01/2012.
Seconded by: Councilman Spano 4-0aye, motion carried, Archer-Absent
Resolution # 87-2012:
A Motion was made Councilman Drabkin to charge $ 7.00 per load for commercial pickup truck of brush, and $ 14.00 per load for a commercial dump body or larger, effective 8/01/2012.
Seconded by: Councilman Cilenti 4-0aye, motion carried, Archer-Absent
TRANSFER STATION ROOF REPAIR:
A Motion was made by Councilman Drabkin to hire Fox Systems for $ 685.00 for shingle roof repair to the transfer station office.
Seconded by: Councilman Cilenti 4-0aye, motion carried, Archer-Absent
LOCAL LAW # 2: HYDROFRACKING DISCUSSION:
The Town board held a lengthy discussion on proposed Local Law # 2: 2012: exploration of natural gas. Councilman Cilenti stated he was not in favor of adding petroleum back into the local law. He stated that the proposed law is to ban Hydrofracking. He continued to say he would like to see an unbiased opinion from a professional.
Resolution # 88-2012:
A Motion was made by Councilman Cilenti to direct Supervisor Chipman to investigate cost of hiring an environmental geologist to conduct a study with pros and cons of Hydrofracking.
Seconded by: Councilman Drabkin 3-1aye, motion carried, Archer-Absent
ROLL CALL VOTE:
Councilman Cilenti: aye
Councilman Drabkin: aye
Councilman Spano: aye
Supervisor Chipman: Nay
Councilwoman Archer- Absent
DISCUSSION:
Supervisor Chipman stated that there are reports available there’s no need to hire out when the facts and figures are available.
Councilman Cilenti argued the fact he want an unbiased researched opinion.
AGENDA:
Resolution # 89-2012:
A Motion was made by Councilman Cilenti that the agendas for the Town Board and the Audit workshop meeting be made available the Tuesday before each meeting.
Seconded by: Councilman Drabkin 4-0aye, motion carried, Archer-Absent
Drabkin (7:40) leaves
PRESENTATION- CIVIL RIGHTS BASED FRACKING ORDINANCE:
A petition of 2,353 signatures was presented to the Town Board supporting a local rights-based ordinance in our town against fracking. The RDAF (Rochester defense against fracking) strongly believe that in addition to the zoning ban, it is imperative that the Town Board also work to pass a community Bill of Rights Ordinance to further protect our community.
ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the meeting at 8:15 pm.
Seconded by: Councilman Spano motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk