[PAGE 1] COUNCIL OF GOVERNMENTS Human Services Development Complex Minutes from 1-27-11 Present: John VanSoest-Town of Catharine David Reed-Town of Cayuta Harold Russell-Town of Dix Ben Dickens-Town of Hector Fred Hall –Town of Dix William F. Mullaney-Town of Orange David Scott-Town of Montour Ron Froebel-Town of Orange Marvin Switzer-Town of Reading Lisa Bishop-Town of Tyrone Donna Kelly-Village of Montour Falls Dale Walter-Village of Burdett Judy Phillips-Village of Watkins Glen Peggy Tomassi-Village of Odessa Tom Gifford-Chairman Schuyler Co. Legis. Dennis Fagan-Schuyler Co. Legislator Tim O’Hearn-County Administrator J.F. Winkler, M.D., Health Officer Call to order – 7:02PM Welcome Officers for 2011 – Tim O’Hearn nominated the following: President – Ben Dickens Vice President – Donna Kelly Secretary – Vacant Motion to accept the slate as nominated – Judy Phillips; Seconded by Dale Walters. Unanimously approved. Dr. Winkler, Health Officer – Flu is active throughout NYS. It is not as prevalent in the rural communities. Strep throat is on the rise in our area. Phil Barnes spoke about a bed bug issue in an apartment complex in Watkins Glen and who is responsible to oversee or monitor the issue. As the bug does not carry disease and are more of a nuisance, it is not a Public Health issue. Watershed Protection Law – Tim Hicks, Watershed Director relayed information on the proposed changes in the Watershed Protection Law. Much of the law remains unchanged, but there have been significant alterations, both additions and subtractions. The most significant changes are: Updating the language in the local law to reflect technical changes to the State Residential Wastewater Treatment Standards Addition of mandatory real property transfer evaluations for both water and wastewater systems Elimination of Article 4 – public health nuisance section Addition of county requirements for the land application of septage biosolids Tim Hicks invited the group to attend the Seneca Lake Area Partners (SLAP) meetings to help facilitate the process of protecting the lake. SLAP 5 is hosting a series of meetings within the watershed throughout 2011. Each meeting will have a host county, in which special consideration and discussion will focus on the host community’s strengths, weaknesses, and challenges as they relate to Seneca Lake. You are invited and encouraged to attend these meetings and participate in the discussion. Call Tim at 535-6868 for additional information. [PAGE 2] Tim Hicks shared an opportunity to assist low income home owners throughout Schuyler County to repair or replace failed septic systems and/or water wells. The funds can also be used to replace water & sewer laterals where homeowners have public water or sewer. For more information contact Arbor Development at 607-776-7664 or SC Watershed Protection Agency at 607-535-6868. Sales Tax Update /2011 Budget – Tim O’Hearn shared the perspective that placing a tax cap would not fix the states fiscal problems. This is not a local problem but a state issue. All indications are that the tax cap will pass at the state level. Voting Machines - Tim O’Hearn met with the Election Commissioners who are getting direction from the state on dispensing of the old machines. They will keep 4 machines for archival purposes. Tim will keep you all up to date once he receives clarification from the state level. SCOPED Funding – Guidelines were to be put in place to cap funding for Economic Development through SCOPED. Measure’s were put out last meeting. If you feel there are issues to be addressed, reach out to SCOPED or this group. Energy Task Force – Dennis Fagan stated that the sub group recommends managing your private water supply (see attachment below). Projection is that drilling is not going to affect us directly for several years. Around the table – Peggy Tomassi – National County Government Month is April 2011. Should you wish to do something in your local areas, please let Peggy know or if you need her assistance. Next meeting: April 27th at 7:00pm in room #120 of the Human Services Development Complex. [PAGE 3] Managing your Private Water Supply Related to Natural Gas Development in Schuyler County Assessing Risk One of the most frequent concerns when discussing hydrofracking and natural gas development within Schuyler County is the potential impact to water resources—often directly, “what are the risks to my water supply?” and “what should I do to protect my own water supply?” The answer to the first question is particularly polarizing, often hotly debated, and will certainly not be answered within this document. The answer to the second question is more easily provided—although not without its own costs, caveats and disclaimers. As the owner of a private water supply, you are in charge and responsible to ensure that the water you get from the faucet is suitable to drink—not the town, county, state or the federal government. A considerable amount of legislation and public money has been expended to protect that water from contamination, but in the end, no institution can ensure that the water from your own well is fit to drink. So, the simple answer to the second question (what should I do to protect my water supply?) is; if you have a private water supply have your water tested for various parameters prior to drilling in your area, continue testing during the development activity to compare and assess potential impact, and then continue testing for several months to years after drilling has ceased. The real difficulty comes in deciding what parameters to test for and when to conduct the testing. It should be noted that under the draft NYS DEC regulations, the drilling company is required to conduct testing, through an independent testing company, for any private supply if you are within 1000 ft (or 2000 ft if no private supplies exist within 1000 ft) of a proposed gas well. This takes place at the company’s expense and at regular intervals thereafter. The required testing parameters are indicated on the table under column 1. When and how to test Testing should occur as close as possible to the date the development activity will take place. It appears likely that most hydrofracking activity in NYS will occur east and south of Schuyler, at least during the initial phases. Therefore, while it’s appropriate to routinely test your water for contamination and you are encouraged to do so, if your concern within Schuyler County is hydrofracking, testing your water now is likely not an economical means to protect your water supply (unless you’re interested in establishing a true baseline study; which entails spending thousands of dollars over several seasons). . All analysis should be conducted by an independent, third party NYS approved laboratory (list available at www.wadsworth.org). It is also encouraged to have an unbiased third party, such as the Schuyler County Watershed Protection Agency or the lab, collect the sample. Preferably, analysis is suggested to take place one to three months prior to development of the gas well. It is recommended to have additional follow up analysis conducted every three months until the drilling activity ceases, at which point it’s suggested to occur yearly thereafter. What to test Generally speaking, the greater the number of parameters analyzed, the better position you’re in to adequately assess your health risks. Unfortunately all tests cost money and the more tests you do the more you spend. With this paradox in mind, the Schuyler County Energy Task Force and the Water Quality Coordinating Committee compiled a broad array of parameters for testing prior to drilling (column 2), and then reduced the number of parameters collected for follow up sampling (column 3 if affordable, column 4 at minimum). The parameters suggested are chosen as broad chemical indicators of the most possible water quality risks, while also reflecting analytical costs. However, if the costs are not prohibitive, more parameters are better (columns 1 or even all parameters listed). In the event testing indicates variation within the results, a broader suite of follow up tests is advisable. As a disclaimer, these parameters are offered as general guidance and do not address all potential health risks associated with your water supply. The recommendations do not represent a technical review of current or proposed hydraulic fracturing practices and associated risks, and should be viewed as advisory. Additional Resources and Contacts For the purposes of this guidance document, multiple sources were researched. Two documents, Otsego County Soil and Water Conservation District’s “General Guidance Document on Well Water Monitoring in Advance of High Volume Horizontal Hydrofracking” and Penn State Coop Ext Water Fact Sheet #28 “Gas Well Drilling and Your Private Water Supply”, were particularly useful and are referenced within the table on the opposite page (columns 5 and 6), and should be consulted by anyone considering conducting analysis (both documents are readily available on line). Additional information on water quality testing and water supply concerns can be obtained by contacting the Schuyler County Watershed Protection Agency at 607-535-6868 or the Hornell District Field Office of the NYS Dept of Health at 607-324-8371. www.schuylerenergy.org | June 2011 [PAGE 4] Column Column Column Column 1 Column 5 Column 6 2 3 4 Approx. NYS DEC Cost (not Mandated Penn State Otsego Maximum Contaminant Suggested Reduced Minimum including Compound test within Baseline Follow Up Follow Up Ext WQ SWCD Level or guideline collection radius from Testing Testing Testing Fact Sheet Guidance and other Draft #28 Doc recommendation* fees) Regulation $15-25 Chloride X X X X X X 250 mg/l $10-15 Total Dissolved Solids (TDS) X X X X X X 500 mg/l $15-20 Conductivity X X X X no designated limit $10-20 Chemical Oxygen Demand X X X no designated limit $5-10 pH X X X X X X no designated limit $20-25 Bromide X X X no designated limit $8-15 Total Hardness X X X X X no designated limit $40-50 Gross Alpha X X X X 15 picocuries/liter Incl. above Gross Beta X X X 4 mrem/year $15-20 Alkalinity X X X X no designated limit $10-15 Turbidity X X 5 NTU $15-20 Barium X X X X 2 mg/l $15-20 Iron X X X 0.3 mg/l $15-20 Manganese X X X 0.3 mg/l $18-25 Arsenic X X X X 0.01 mg/l $18-25 Strontium X X no designated limit $125-175 Methane X X X X no designated limit $40-50 Detergents and surfactants x x x no designated limit Any positive result is $10-20 Coliform bacteria X X unsatisfactory $15-20 Lead X X X 0.015 mg/l $10-20 Nitrate X X 10 mg/l as N $10-20 Nitrite X 1 mg/l as N $10-15 Total Suspended Solids (TSS) X X X no designated limit $15-20 Carbonates X no designated limit $15-20 Bicarbonates X no designated limit $20-30 Sodium X X X no designated limit $25-40 Iron plus manganese X X 0.5 mg/l $18-25 Sulfate X X X 250 mg/l $25-35 Hydrogen sulfide X X no designated limit $70-80 Benzene X 0.005 mg/l varies Static water level X X n/a $25-35 Total Organic Carbon X X No designated limit Volatile Organic Compounds $135-150 X X Varies (incl BTEX) $28-35 Oil and Grease X Varies $60-70 Radon in Water X no designated limit $150-175 Radium 226 and 228 X X 5 pCi/L $45-55 Total petroleum hydrocarbon X no designated limit $15-20 Potassium X no designated limit $1050 – $575 - $400 - $125 - $60 - $800 - $775 - *MCL and guidelines taken from 1450 Approximate Total Cost 700 $450 $150 $75 900 850 US EPA / NYS DOH material Note—these parameters are offered as general guidance and do not address all potential health risks associated with your water supply. The recommendations do not represent a technical review of current or proposed hydraulic fracturing practices and associated risks, and should be viewed as advisory. www.schuylerenergy.org | June 2011 [PAGE 14] COUNCIL OF GOVERNMENTS Human Services Development Complex Minutes from 4-27-11 Present: John VanSoest-Town of Catharine David Reed-Town of Cayuta Harold Russell-Town of Dix Ben Dickens-Town of Hector Fred Hall –Town of Dix Jocelyn Harrison-Town of Orange David Scott-Town of Montour Ron Froebel-Town of Orange Marvin Switzer-Town of Reading Lisa Bishop-Town of Tyrone John King-Village of Montour Falls Dale Walter-Village of Burdett Mark Swinnerton-Village of Watkins Glen Peggy Tomassi-Village of Odessa Tom Gifford-Schuyler Co. Legis. Dennis Fagan-Chairman Schuyler Co. Legis. Tim O’Hearn-County Administrator J.F. Winkler, M.D., Health Officer Call to order – 7:00PM Welcome Energy Task Force – (Presentation) Dr. Scott Cline presented “Shale Gas Development - Energy Policy, Development Technology, Opportunities, Risks and Misconceptions.” He can be contacted by email at drscottphd@aol.com. Updated information on current wells visit http://www.fracfocus.org. It is not yet known whether Marcellus drilling will take place in Schuyler County. Dr. Winkler, Health Officer – Flu is active throughout NYS. It is not as prevalent in the rural communities. Strep throat is on the rise in our area. Phil Barnes spoke about a bed bug issue in an apartment complex in Watkins Glen and who is responsible to oversee or monitor the issue. As the bug does not carry disease and are more of a nuisance, it is not a Public Health issue. Sales Tax Update /2011 Budget – Tim O’Hearn shared that the county budget process is underway. State impacts have not been as significant as expected although they will have an impact. CHIPS funds are intact this year. It is unknown as to how, or if they will appear in future years. The state aid for assessments has been eliminated. There will be no direct oversight or governance of assessments by the state. The 1st quarter sales tax results are in (handout). The projection of Economic Growth is 3%. The Legislature will evaluate performance outcomes in determining the amount earmarked toward Economic Development. Tax Collection Process – The Schuyler County Treasurer sent out delinquent tax notices to all tax parcels in the Town of Montour and a portion of Tyrone as they did not receive notification of payment made within each township. As of this date and as each town is now equipped with internet capability, all towns will now be submitting tax info and sending out their own delinquent notices to tax payers with the town bearing the associated cost. Chargebacks will now be given to the towns. The towns can change what charges to implement. Will the County pay the fee to the towns? Jane Ike shared that letters were sent to 20 tax payers although taxes had been paid. Tim suggested meeting with the Treasurer. Around the table – Next meeting: July 27th at 7:00PM in room #120 of the Human Services Development Complex. [PAGE 20] COUNCIL OF GOVERNMENTS Human Services Development Complex Minutes from 7-27-11 Present: John VanSoest-Town of Catharine David Reed-Town of Cayuta Harold Russell-Town of Dix Ben Dickens-Town of Hector Fred Hall –Town of Dix Jocelyn Harrison-Town of Orange David Scott-Town of Montour Ron Froebel-Town of Orange Marvin Switzer-Town of Reading Lisa Bishop-Town of Tyrone John King-Village of Montour Falls Dale Walter-Village of Burdett Mark Swinnerton-Village of Watkins Glen Peggy Tomassi-Village of Odessa Tom Gifford-Schuyler Co. Legis. Dennis Fagan-Chairman Schuyler Co. Legis. Tim O’Hearn-County Administrator J.F. Winkler, M.D., Health Officer Call to order – 7:06PM Welcome Dr. Winkler, Health Officer – There is an increase in upper respiratory illnesses but nothing else prominent in the county occurring at this time. (Handouts) Right To Farm Law – On behalf of Jenna Hicks, Ben Dickens suggests all towns individually adopt the Right To Farm law. The County adopted this law back in 2004 but the feeling was that the law would provide more strength if each town had it effective in their own areas. 2011/2012 Budget – Tim O’Hearn shared information on the webinar he and other municipalities attended this morning. While there are a lot of unknowns, the tax cap will occur and will affect all lines within your budgets. The process is yet to be determined. The tax cap can increase no more than 2% individually or by the PCI. From Junes index, the PCI appears to be over 2%. Pension contributions will be exempt. Each County, Town, and Village will be expected to place in a reserve fund any amount remaining from the over budgeted amount. Schools are not part of this process. The 2% tax cap comes without any mandate relief. Sales Tax Update – Projection looks favorable for this years’ revenue. Around the table – Next meeting: October 26th at 7:00PM in room #120 of the Human Services Development Complex. [PAGE 21] COUNCIL OF GOVERNMENTS Human Services Development Complex Minutes from 10-26-11 Present: John VanSoest-Town of Catharine David Reed-Town of Cayuta Harold Russell-Town of Dix Ben Dickens-Town of Hector Fred Hall –Town of Dix Jocelyn Harrison-Town of Orange David Scott-Town of Montour Ron Froebel-Town of Orange Marvin Switzer-Town of Reading Lisa Bishop-Town of Tyrone John King-Village of Montour Falls Dale Walter-Village of Burdett Mark Swinnerton-Village of Watkins Glen Peggy Tomassi-Village of Odessa Tom Gifford-Schuyler Co. Legis. Dennis Fagan-Chairman Schuyler Co. Legis. Tim O’Hearn-County Administrator J.F. Winkler, M.D., Health Officer Call to order – 7:05 PM Welcome Dr. Winkler-Health Officer Reports – (Handouts) The flu is now in NYS and is considered sporadic. Recommends vaccines for those who have close contact with infants age 12 months and under. DSS Perspective on Building Conditions – Michelle Wasicki – (Handout) Would like to build better relationships between code enforcers & staff of DSS when determining conditions & health issues in residences of clients they work with. Complaints made to Code Enforcers are not responded to in a timely manner. As DSS staff are under time constraints, there cases are often thrown out due to lack of back up information on conditions clients and their children live in. Rocky Kambo shared that he is putting together a draft of ‘rental inspection law’ and will bring it back to the Towns & Villages for review. SCOPED Presentation on Performance Measures – Kelsey Jones – (Handout) Presentation of Performance Measures over the past year. Grants have brought $17,000,000 into the County. Public Water Analysis/Municipal Gas Guide – Rocky Kambo – Presentation on Schuyler County Public Water Analysis. Purpose is to demonstrate what areas would be affected if there was a contamination in our water sources. Rocky has digitized the County focusing on areas that could be developed by water structures. Rocky has digitized the County water lines, which allows municipalities to decide on where they should direct development. 2011/2012 Budget Update / 2% Property Tax Cap –There will be a Public Hearing on November 14th at 6:30PM on the County’s tentative budget. The Legislature may act on the tentative budget that evening. The budget has a 2.1% increase in the tax levy. $8.16 per thousand of assessed value. The basic costs associated with Elections show no substantive increases although as there will be a Presidential election in 2012, there will be additional overall costs. Sales Tax Update - (Handout) Sales Tax Distribution for 2011. This represents the last quarterly payment for this year. $302,000 generated for Economic Development, $44,000 to be place in reserve. Tourism & room tax revenues are up. [PAGE 22] Redistricting of Legislature Representation – Discussion will continue on this topic. Next year would be the most opportune time for this task. New Property Tax Exemption Law for Downtown Revitalization – (handout) 2012 Meeting Dates: January 25th, April 25th, July 25th, October 24th Around the Table- Tim O’Hearn acknowledged Rebekah LaMoreaux who represents the Chamber and will be at future meetings. Next meeting: January 25th at 7:00PM in room #120 of the Human Services Development Complex.