Delaware Town Board Meeting : March 17, 2010

The Town of Delaware and Verizon have reached an agreement for the corporation’s property assessment.  Although the  the agreement reflects a significant reduction in the company’s assessment,  the Town’s Assessors were able to reach an agreement which applies the change to the forthcoming 2010 roll and  therefore, won’t  entail the Town paying a refund to Verizon.

$750,000 in Community Development Block Grant funds  (CDBG) and  $500,000 in Main Street Grant (MSG)  funds are available  in Sullivan County  through  New York State’s Office of Community Renewal (OCR).

According to CDBG Program guidelines, “The CDBG Program provides smaller communities with the opportunity to make local decisions concerning community development without duly increasing the local tax burden of their citizens.”

New York Main Street (NYMS) provides funding “to assist New York State communities with their main street/downtown revitalization efforts” [and] “will provide grants to stimulate reinvestment in mixed-use (commercial/civic and residential) ‘main street’ buildings or districts in order to address issues of code compliance, energy conservation, accessibility, and to provide affordable housing and job opportunities.”  NYMS program guidelines  can be found here.

According to Kara McElroy,  the Town of Delaware’s  Grants Coordinator,  the Town will meet all deadlines for applications and was pleased to report that  Callicoon is also eligible for additional funds through New York’s  “streetscape enhancement” program.

The Town will be looking more closely  at “access grant”  guidelines in order to determine whether or not  it qualifies for funding which would  make high-speed internet access available to more Town residents.

Members of the Town Board will be  attending  The Delaware Valley Job Corps’ open house for public officials on  March 31, 2010.

A resolution will be prepared to enable the Town to establish a $25,000 reserve fund for purchases of  “necessary highway equipment”  which, according to Supervisor James Scheutzow,  “Will help the Town  to avoid interest payments on borrowed money.”

Councilman Harold Roeder, who is also the Town’s  representative to the Upper Delaware Council (UDC),  reported that there’s been quite a flap about the UDC’s recent letter to the Delaware River Basin  Commission (DRBC).  (A link to the letter is  at the UDC site under “Latest News.”)  The letter was written in response to DRBC’s  review of Stone Energy Corporation’s proposed surface water withdrawal from the West Branch of the Lackawaxen River in Pleasant Township, Wayne County, PA.  The proposed  withdrawal site on The Lackawaxen River —  recently named  “Pennsylvania’s River of the Year” by the Department of Conservation and Natural Resources  —  is located within the drainage area of Special Protection Waters.

The application for water withdrawal, if  permitted, would allow the  stream to be drawn down to a pass-by flow rate of 5.9 cubic feet per second (cfs).  According to the DRBC,  the site’s  “current  proportional average daily flow…is 23.7 cfs.”  (By way of comparing stream sizes,  the DRBC  is considering  a minimum  pass-by flow rate of 235 cfs at the Cutrone well site on the West Branch of the Delaware River.)

Mr. Roeder prefaced his comments about the UDC letter  with a brief explanation of  the Council’s  role.  “UDC is an advisory board.  We’ve got no policing or enforcement powers.  We’re partnered with the Federal Government to protect the Delaware River.  Our  priorities  are to protect property rights and the  environment in the Upper Delaware River corridor.”

“The DRBC,”  he continued,  “is reviewing  a request by a drilling company to withdraw a maximum of 700,000 gallons a day to service its gas drilling well and that’s what our letter addressed.”

About the letter, he said, “The UDC strayed off the ranch.  We didn’t have any business commenting on the application.  We went outside the bounds of the corridor.”

“I represent the Town at the UDC,” he went on.  “I don’t represent myself.  I’m asking  the Town to be clear so I have some guidance about how you want me to represent you.   Pennsylvania landholders are very  upset with the UDC.  I try to be a  peacemaker.  Bring the sides together.  I wouldn’t be surprised if some people quit the Council.  It’s getting bad.”

In response to Mr. Roeder’s request for guidance, the Board decided to continue its  position of neutrality on the issue of gas drilling.

When Breathing suggested that “neutrality” would be a hard position to maintain with so many issues at play and so many different points of view, the Board agreed.

When asked by an audience member what Mr. Roeder thought the  boundaries of the UDC’s responsibility should be,  Mr. Roeder said, “From ridge line to ridge line.  Certainly not the Lackawaxen.”

When asked why the UDC should have  to be  “reactive instead of proactive…for instance  if there’s contamination of the Lackawaxen and that ends up affecting the corridor…,”  Mr. Roeder reiterated that the UDC’s bounds were the river corridor.

Under “new business,”  Supervisor Scheutzow presented a “Resolution urging the New York State Legislature to compel the Department of Environmental Conservation to protect the citizens of the State of New York without infringing on property rights.”

The full text of the Resolution read:

  • WHEREAS, the health and well being of the citizens is of paramount concern; and,
  • WHEREAS, property rights are historically sacrosanct; and,
  • WHEREAS, the Gas Industry will do whatever is required to receive their permits; and,
  • WHEREAS,  the  Governor and State Legislature must take steps to protect its citizens;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Delaware does hereby urge state lawmakers to compel the Department of Environmental Conservation to include in their regulations for the Gas Industry the following:

  • Use a closed-loop system for hydrofracturing
  • Do not permit the flaring of wells
  • No open pits for waste
  • Vapor recovery systems for compressor stations
  • Zero emission dehydrators
  • Pneumatic valves to be used at all times
  • Air and Water Quality standards
  • Well setbacks from homes
  • Green completions
  • Latest technology to be used at all times
  • Pass a Severance Tax
  • Inspections done by locally trained and qualified inspectors

(NB:  Most of these specifications were enumerated by Mayor Tillman during his presentation at the Callicoon Community Center shortly before he received  a standing ovation.)

In response to the Resolution, Mr. Roeder stated, “I won’t vote for that.  Go ahead and have a discussion if you want, but I won’t vote for it.”

The Resolution was tabled without discussion.

A correction was made to the Minutes of the 2-17-10  Board Meeting to reflect  that the Farmland Protection Plan will be incorporated into the Town’s Comprehensive Plan.

Town of Delaware Town Board meetings are held the third Wednesday of each month at 7:00 PM.  The next one is scheduled for  April 21, 2010.


As a matter of interest,  Sullivan County’s 2020 Toolbox : Water Resource Management Guide —   the purpose of which is  to “maintain water quality and quantity across Sullivan County to meet the needs of the population and the environment,” —  enunciates challenges, an interesting perspective on local control of water resources and a foundational statement for local responsibility:

  • “Challenges  :  One way to balance water usage needs, future growth, and development impacts is through a regional plan. A regional comprehensive analysis of water resources and the demands can examine the potential for communities to maintain resources and provide guidance toward achieving sustainability.  Sullivan County can play an important role in providing that comprehensive analysis.  The ultimate responsibility for maintaining water resources will continue to lie with municipalities.
  • Towns and Villages have the responsibility to control the way growth and development occurs. As development increases into the future, municipal governments will be under increasing pressure to balance that growth with water resource issues. They will also have to confront the need for more information about those issues.
  • A water resource management plan for Sullivan County will need to address five critical areas: Water Quantity and Quality, Drinking Water Supply and Wastewater Treatment, Aesthetics and Recreation,Stormwater and Floodplain Management, and Ecosystem Needs. Cross-cutting all of these categories are significant needs for (1) more data and (2) for more education and training.”

As part of its  intermediate goals for Water Resource Management,  the 2020 Toolbox says the County will, among other things,  provide curriculum guidance to Townships,  “emphasize the connection between non-point source pollution and development…, provide forums and workshops to discuss tools and methods that both protect natural resources and provide for quality development such as Best Management Practices.”  And, “encourage towns to update their  comprehensive  plans and zoning ordinances to encourage the use of such tools.”