The regular monthly meeting of the Town of Tompkins Town Board was called to order at 7:00 pm in the Town meeting room, Trout Creek, NY.
Present:
- William Layton-Supervisor
- Carl Stuendel-Councilperson
- Peggy Backus-Councilperson
- Howard Buttel-Councilperson
- Timothy LaTourette-Councilperson
Others:
- Ronald VanValkenburg-Hwy Superintendent
- Nancy Roberts
- Mike DeGroat, Attorney
- Justin Gardepe, student
- Gail Crane, Deputy Town Clerk
- Paul and Sandra Bartholomew
Pledge to the flag was led by Sandy Gardepe.
On motion by Buttel seconded by LaTourette it was moved to approve the minutes of the November 5, 2009 meeting as each member had received a copy.
Vote: All AYEs – Motion Carried.
On motion by LaTourette seconded by Buttel it was moved to receive, approve and place on file the Supervisor’s and the Town Clerks monthly reports.
Vote: All AYEs – Motion carried.
Mike DeGroat, Attorney at Law, presented the paperwork for the Town taking over the Windfall Lake Road. As it was inspected and passed by the Highway Superintendent, the Board and the Supervisors all signed the legal paperwork presented by the attorney. On motion by LaTourette, seconded by Buttel it was moved to take over the Windfall Lake Road. This winter it will be a seasonal road.
Vote: All AYEs – Motion carried
Reports-Superintendent
- Cold patch bin is all done
- South Dry Brook Rd – put cold patch over pipes and on bad spots along the edge of the road.
- Worked Alger Road, Carlson Road and Lookout Road
- All trucks were washed and waxed. Changed some air valves, hydraulic lines and power- steering gaskets.
- Cut brush on Rock Rift Road, Readburn Road and Higley Road
- Cold patched South Dry Book Road, Bullock Hill Road and Higley Spur Road.
- Cleaned ditch on Readburn Road by Linda Trask’s
- Hauled 45 loads of grit.
- Where Town will purchase motor oil from was discussed. A committee of three was formed to discuss further and determine best supplier. Committee is Buttel, LaTourette, VanValkenburg
- The bill from Stadium for the International truck is in the Supervisor’s report.
- VanValkenburg brought in a quote from Scoville Meno for a crew cab pickup. Tabled for now.
- Taking care of general maintenance on roads.
Reports- Planning Board- re Town Clerk
No report –
Planning Board Minutes, or lack thereof, were discussed by Paul Bartholomew and we should have some minutes by our next meeting.
Reports- Supervisor
- Re-appoint Joe Reynolds to the Board of Assessment Review. Motion by LaTourette, seconded by Backus. It was moved to reappoint Joe Reynolds to the Assessment Board of Review. Term to be 5 years.
Vote: All AYE’s – motion carried
- Build additional offices on the Town Hall was discussed. No action taken at this time.
- Truck invoice with Stadium discussed. Had the truck at Stadium for 3 months and Stadium billed $8000 and informed the Town the work was not covered by warranty. Stadium and Bill Layton talked to CAT and got CAT to cover part of it. With CAT adjustment, bill is now $4701. More discussion ensued on what should be / or is covered by original warranty and what is covered by extended warranty. After discussion, Board decided not to pay the bill at this time as Board’s interpretation is that the vehicle is covered by the original warranty. Supervisor will talk to Stadium.
- Employee Benefit Retirement – Hours worked are now required for retirement records. On motion by Buttel, seconded by Stuendel it was moved to pass a resolution on retirement records. Standard work day for Highway is 8 hours; 6 hours for everyone else.
Vote: All AYE’s – motion carried
- New Court Clerk position open. Motion by Stuendel, seconded by Buttel, it was moved to place an ad in the paper for applicant for the Court Clerk Position.
Vote: All AYE’s – motion carried
- On motion by LaTourette, seconded by Layton, it was moved to table the resignation of Brenda Thurston, DCO until next meeting.
Vote: All AYE’s – motion carried
- A letter was received by Stuendel from Steve & Marie Dungan, Faulkner Road, requesting the Town to support a request to extend for another year the moratorium to gather more information regarding the environmental impacts and safety (sGEIS) of gas drilling in the Marcellus shale. On motion by Stuendel, seconded by LaTourette it was moved to send a letter to the Governor of NY supporting Dungan’s request. See letter below.
- Complaint received by Layton of Town Highway employees and Town vehicles in Walton obtaining lunch for crew. Discussed. Highway Superintendent had already investigated with the men. No further action taken at this time.
- Nancy Roberts explained the change in the Budget. It was a re-allocation of retirement payments from General Fund to Highway Fund. Nancy Roberts then gave a report on the financials for December. We are on target with our budget.
Other:
Time was set for the Annual Reorganizational Meetings. Date: January 11, 2010 at 6:00 PM
On motion by LaTourette seconded by Buttel, it was moved to approve the Abstract of Claims for December 2009 as follows;
General Fund: $ 6,734.19
Highway Fund:$38,042.74
Vote: All AYEs – Motion carried.
Reading back of the minutes:
On motion by LaTourette, seconded by Buttel, it was moved to accept the minutes as read back.
Vote: All AYEs – Motion carried.
The meeting was adjourned at 9:00 pm.
Sandra M Gardepe
Town Clerk
Next meeting will be on January 11, 2010, 6:00 PM at the Town Meeting Room, Trout Creek, NY.
The following is Mr. Dungan’s letter to Governor Paterson:
December 2, 2009
Dear Governor Paterson,
I implore you to withdraw the DEC Draft SGEIS on Horizontal Gas Drilling, High Volume Hyrofracturing and Production and declare a one year minimum continuation of the statewide moratorium on gas drilling and high volume hydrofracturing, until such time as the document can be rewritten to provide adequate protections to the environment and the citizens of the State. As presented, the DSGEIS fails to adequately address numerous aspects that would provide those protections.
Before any drilling and production may commence, you must direct the Commissioner of DEC to completely rewrite the DSGEIS and require that it includes and details:
Fully adequate environmental and community safeguards taking into account cumulative impacts of this type of drilling, hyrofracturing and gas production. There must be a clear plan for fully assessing and mitigating the cumulative impacts of gas drilling and extraction on water, air, land use and values, forests, plants, animals, people and community character
A clear plan for DEC inclusion and collaboration of local government and communities in reviewing all aspects of gas drilling and production including location and density of all drilling pads and bores, central storage and support facilities, compressor stations, pipelines, etc.
A ban gas well drilling in the floodplain
The final SGEIS must require that gas companies adhere to all requirements of Federal Clean Water and Air Legislation
A complete ban on the use of any known toxic chemicals in fracking fluids
A clear plan with specified limitations and community safeguards for any and all water withdrawals that protects and prevents depletion of local water sources, public and private
A clear plan, requirements and gas company liability for handling, storing, tracking, transporting and processing all waste including any drilling and fracking fluid materials, and all toxic chemicals, gases, minerals and radiation produced or released in the process, with clear protocols for each
A clear plan and requirements for fully protecting all aquifers, public and private drinking water sources and required pre drilling and ongoing test well monitoring at each well site and along all horizontal bores as well as pre and ongoing testing of any public or private water sources within one mile of well sites and bores.
Clearly specified gas company financial responsibility for all water source monitoring with DEC responsibility to conduct all monitoring or oversee independent contracting of it
A clear plan and requirements for preventing any and all releases of toxic gases into the air including gas company responsibility for collecting and appropriately processing any and all gases produced during all phases drilling, hydrofracturing and ongoing production as well as clearly specified gas company financial responsibility for all air quality monitoring with DEC responsibility to conduct all monitoring or oversee independent contracting of it
A clear plan for assessing and mitigating community impacts of all aspects of gas drilling and production
There must be a specific assessment of the impacts of related heavy truck and machinery traffic on local roads and bridges with pre drilling and ongoing assessments as well as clearly specified gas company liability for the costs of any and all needed repairs
There must be a specific assessment of the impacts and mitigation of all emissions of trucks and related drilling and production machinery
All accidents related to gas drilling and production need to be regulated with clearly specified liability and mitigation requirements.
The DEC must promulgate accompanying regulations with appropriate rule making procedures covering all of the above, not simply suggest conditions. Any and all costs of implementing and monitoring DEC Regulations and requirements must be borne by the gas companies. There must be a clear DEC plan for adequate staffing and support for regulatory oversight and monitoring with gas company financial responsibility and bonding to ensure adequate oversight and monitoring over the lifetime of drilling, production, closure and ongoing monitoring.
No costs or unwanted responsibilities shall be passed to local government and communities.
Only when these provisions are included, can the DSGEIS on Horizontal Gas Drilling, High Volume Hyrofracturing and Production be considered as providing adequate environmental and community protections.
Respectfully,
Stephen Dungan
The board sent this letter and our endorsement of it and its call for “a one year minimum continuation of the statewide moratorium on gas drilling and high volume hydrofracturing, until such time as the document can be rewritten to provide adequate protections to the environment and the citizens of the State” to both Governor Paterson and the DEC.
Town of Tompkins in New York's Delaware County 